IN RE ARCHANIOTIS, W.C. No. 4-336-716 (5/27/99)


IN THE MATTER OF THE CLAIM OF ARIANA ARCHANIOTIS, Claimant, v. AURORA PUBLIC SCHOOLS, Employer, and JOINT SCHOOL DISTRICT FOR WORKERS’ COMPENSATION, Insurer, Respondents.

W.C. No. 4-336-716Industrial Claim Appeals Office.
May 27, 1999.

ORDER OF REMAND

The respondents seek review of a final order of Administrative Law Judge Felter (ALJ) insofar as it awarded certain medical benefits. The respondents argue that one of the ALJ’s findings of fact concerning the cause of the claimant’s symptoms is not supported by substantial evidence. We set the order aside and remand for entry of a new order.

The claimant sustained a compensable injury to her left knee in 1991. The claimant’s condition worsened in 1996, and she was required to begin wearing a knee brace. The claimant testified that the knee brace was awkward and she compensated by overusing the right side of her body. Consequently, the claimant stated that she developed pain in her right knee, right hip, right upper extremity, and neck. The respondents disputed whether treatment for the claimant’s right-sided symptoms is causally related to the 1991 injury.

The ALJ found that Dr. Hughes “provided a report clearly opining that the claimant’s right knee, right hip, and right upper extremity problems are related to the compensable left knee injury.” (Finding of Fact 5). The ALJ determined that Dr. Hughes’ opinions are consistent with the claimant’s testimony, and are credible. Therefore, the ALJ ordered the respondents to provide treatment for the claimant’s right-sided problems.

On review, the respondents argue that Dr. Hughes did not issue a report “clearly opining” that there is a causal relationship between the 1991 injury and the symptoms which the claimant currently experiences. To the contrary, the respondents argue that all of Dr. Hughes’ diagnoses and treatment recommendations are limited to problems directly associated with the claimant’s left knee. We conclude that the matter must be remanded for entry of a new order.

We may set aside an ALJ’s order where the pertinent findings of fact are not supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 1998. We have reviewed Dr. Hughes’ report and agree with the respondents that it does not contain any “clear opinion” that there is a causal relationship between the 1991 injury and the claimant’s right-sided symptoms. In fact, the claimant concedes the point in her brief, and she submitted a proposed summary order to correct the problem. However, the ALJ did not sign the summary order. We cannot ascertain how the ALJ might have evaluated the evidence had he correctly interpreted Dr. Hughes’ opinion.

Under these circumstances, the ALJ’s order must be set aside and the matter remanded for entry of a new order based on the existing record. In this regard, we note that the record contains some evidence from which the ALJ could find a causal connection between the 1991 injury and the claimant’s right-sided symptoms. We should not be understood as expressing any opinion concerning the proper resolution of the factual questions underlying the causation issue.

IT IS THEREFORE ORDERED that the ALJ’s order dated January 19, 1999, is set aside, and the matter is remanded for entry of a new order consistent with the views expressed herein.

INDUSTRIAL CLAIM APPEALS PANEL

___________________________________ David Cain
___________________________________ Dona Halsey

Copies of this decision were mailed May 27, 1999 to the following parties:

Ariana Archaniotis, 1203 Quentin St., Aurora, CO 80011

Adams-Arapahoe School District 28J, attn: Marlin Buse, 82 Airport Road, Aurora, CO 80011

Occupational Healthcare Management Service, attn: Kenna Hardenbrook, P.O. Box 173682, Denver, CO 80217-3682

Douglas R. Phillips, Esq., 155 S. Madison, #330, Denver, CO 80209 (For Claimant)

Karen R. Wells, Esq., 3900 E. Mexico, #1000, Denver, CO 80210 (For Respondents)

By: A. Pendroy