W.C. No. 4-507-284.Industrial Claim Appeals Office.
May 14, 2004.
ORDER
This matter has been remanded by the court in Billea v. Industrial Claim Appeals Office ___ P.3d ___ (Colo.App. No. 02CA1895, October 23, 2003). Mandate issued on May 10, 2004.
The court concluded we erroneously upheld an order in which Administrative Law Judge Mattoon (ALJ) determined she lacked jurisdiction to hear the claimant’s request for a change of physician in the absence of a Division-sponsored medical examination (DIME) to challenge the treating physician’s determination of maximum medical improvment (MMI).
The court held that because the claimant requested the change of physician prior to the treating physician’s determination of MMI and the request was based on an allegation of unprofessional conduct by the treating physician, the ALJ had authority to hearing the request without a DIME. Therefore, the court set aside our order and remanded the case with directions for further proceedings on the claimant’s request for a change of physician.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings on the claimant’s request for a change of physician consistent with the court’s order.
INDUSTRIAL CLAIM APPEALS PANEL
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David Cain
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Kathy E. Dean
Billea Ames, Pueblo, CO, Pueblo County, Cathy Icabone, Pueblo, CO, CTSI, Jim Vail, Denver, CO, Steven U. Mullens, Esq., Pueblo, CO, for Claimant.
Margaret Garcia, Esq., Denver, CO, for Respondent.