W.C. No. 4-300-353Industrial Claim Appeals Office.
December 29, 1999
ORDER
The respondents seek review of an order of Administrative Law Judge Gandy (ALJ) which awarded reasonable and necessary medical benefits. We dismiss the petition to review without prejudice.
The claimant filed a petition to reopen contending that he sustained a worsened condition. However, during the course of the hearing the claimant presented evidence that he obtained medical treatment, chiropractic treatment, and an MRI after the date of reopening. The claimant did not request any specific benefits.
On January 25, 1999, the ALJ entered the order under review. The ALJ found the claimant’s condition worsened and ordered the respondents to pay “reasonable and necessary medical expenses for treatment of [the claimant’s] change in physical condition.” The ALJ reserved all issues not specifically determined.
Under § 8-43-301(2), C.R.S. 1999, a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies the claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Similarly, orders which determine liability for benefits, without determining the amount of benefits, are not subject to review. United Parcel Service, Inc. v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 99CA0540, and June 24, 1999). In view of these principles, we have previously held that general awards of medical benefits are not final and reviewable where the record shows that no specific benefits were at issue. Eg. Gonzales v. Public Service Co., W.C. No. 4-131-978 (May 14, 1996).
Here, although the record contains evidence that the claimant received medical treatment subsequent to the date of reopening, the claimant did not request the ALJ to order the payment of any specific medical benefits. Indeed, the ALJ’s order does not award specific medical benefits, but merely awards those medical benefits which are determined to be “reasonable and necessary.” The ALJ did not determine whether the medical treatment which the claimant received was reasonable and necessary, and that issue appears to remain open. Further, the ALJ expressly reserved all other issues for future determination. Consequently, the ALJ’s general award of medical benefits is not currently reviewable.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated January 25, 1999, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
NOTICE An action to modify or vacate this Order may be commencedin the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO80203, by filing a petition for writ of certiorari with thecourt, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20)days after the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. (1999 Cum. Supp.)
Copies of this decision were mailed December 29, 1999 to the following parties:
Dennis Bennett, 433 Elm St., Akron, CO 80720
Cattleco, P.O. Box 488, Ft. Morgan, CO 80701-0488
American Compensation Insurance, 7400 E. Orchard Rd., #3025, Englewood, CO 80111
Allen J. Kincaid, Esq., 6312 S. Fiddler’s Green Cir., #270-N, Englewood, CO 80111 (For Claimant)
Bernard Woessner, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondents)
BY: A. Pendroy