W.C. No. 4-539-017Industrial Claim Appeals Office.
April 9, 2003
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Klein (ALJ) which determined the claimant sustained a compensable occupational disease and awarded reasonable and necessary medical benefits. We dismiss the petition to review without prejudice.
The pro se claimant filed an application for hearing listing the issues as compensability and medical benefits. At the hearing, evidence was introduced indicating the claimant was examined by at least three physicians, one of whom was designated by the respondents.
On October 11, 2002, the ALJ entered an order finding the claimant sustained a compensable occupational disease and ordering the respondents to provide “medical benefits which are reasonable and necessary to cure and relieve the effects” of the disease. The respondents appealed and argue the evidence does not support the ALJ’s findings of fact.
Section 8-43-301(2), C.R.S. 2002, provides that a party dissatisfied with an ALJ’s order “which requires any party to pay a penalty or benefits or denies any benefit or penalty” may file a petition to review. An order which does not meet this statutory standard is not final and subject to immediate review. Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986). An order which merely assigns liability without determining the amount of benefits or penalties to be paid is not considered final and appealable. United Parcel Service, Inc. v. Industrial Claim Appeals Office, 988 P.2d 1146 (Colo.App. 1999). In light of these principles we have frequently held that an order which determines liability and awards “reasonable and necessary medical benefits” is not final and reviewable unless specific medical benefits were at issue and awarded. A general award of medical benefits is insufficient to render an order final and reviewable. Tooley v. Johnson and Sons Trucking, W.C. No. 4-376-713 (January 28, 2000); Rosas v. DDC Interiors, Inc., W.C. No. 4-364-828 (August 18, 1999).
Here, the claimant did not request, and the ALJ did not order, the respondents to pay for any specific medical expenses. Neither did the parties stipulate to the payment of particular medical expenses if the claim was found to be compensable. Under these circumstances, the ALJ’s order did not resolve the respondents’ liability for specific medical benefits and the order is not currently final and appealable.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated October 11, 2002, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2002. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed April 9, 2003 to the following parties:
Norma J. Benjamin, 2949 Glenarm Pl., Denver, CO 80205
Norrell Temporary Services, Inc., c/o Spherion Pacific Enterprises, 4500 Cherry Creek South, #1050, Denver, CO 80246
American Home Assurance Company, c/o Laurie Iverson, ITT Specialty Risk Services, P. O. Box 981270, Park City, UT 84098
Tama L. Levine, Esq., 999 18th St., #1755, Denver, CO 80202 (For Respondents)
By: A. Hurtado