W.C. No. 4-013-686Industrial Claim Appeals Office.
February 18, 2004
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Friend (ALJ), which determined maximum medical improvement (MMI). We affirm.
In November 1990 the claimant suffered admitted injuries as a result of a slip and fall accident. The claimant was subsequently treated by numerous physicians for medical, dental and psychological injuries. On April 2, 2001, Dr. Reinhard placed the claimant at MMI with a 5 percent medical impairment.
Crediting the opinions of Dr. Reinhard, Dr. Stapleton, Dr. Kleinman and Dr. Kenneally the ALJ found there are no further diagnostic studies or treatment interventions that are necessary to cure or relieve the claimant from the effects of the industrial injuries. The ALJ also found the claimant has rejected treatment that may cure or relieve the injury. Furthermore, the ALJ determined the claimant’s need for psychological treatment and medical treatment of the thoracic and lumbar spine are unrelated to the industrial injury. Therefore, the ALJ determined the claimant is at MMI. The ALJ then terminated temporary disability benefits and awarded permanent partial disability benefits for a 5 percent loss as a working unit in accordance with former § 8-42-110 C.R.S. (Cum. Supp. 1990). The claimant timely filed a Petition to Review.
The Petition to Review contests the ALJ’s finding of MMI and asserts that further treatment has been recommended which is reasonably likely to reduce pain and improve the claimant’s condition. The claimant requests additional medical care from a primary care physician and the reinstatement of temporary disability benefits. However, the claimant has not filed a brief in support of the Petition to Review and, consequently, the effectiveness of our review is limited. See Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
MMI exists “when the underlying condition causing the disability has become stable and nothing further in the way of treatment will improve that condition.” Reynolds v. Industrial Claim Appeals Office, 794 P.2d 1080
(Colo.App. 1990). The applicable law provides that MMI is a question of fact for the ALJ and the ALJ’s determination must be upheld if supported by substantial evidence in the record. See Golden Age Manor v. Industrial Commission, 716 P.2d 153 (Colo.App. 1985). Substantial evidence is probative evidence which would warrant a reasonable belief in the existence of facts supporting a particular finding, without regard to the existence of contradictory testimony or contrary inferences. F. R. Orr Construction v. Rinta, 717 P.2d 965 (Colo.App. 1985). Under this standard we must defer to the ALJ’s credibility determinations, his assessment of the sufficiency and probative weight of the evidence and his resolution of conflicts in the evidence, including expert medical testimony. MGM Supply Co. v. Industrial Claim Appeals Office, 62 P.3d 1001 (Colo.App. 2002).
The hearing transcripts are not part of the record on review. Under these circumstances we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988).
The ALJ’s finding of MMI is also supported by the medical records. Therefore, the ALJ’s finding of MMI is binding on review and the claimant has failed to establish grounds which afford us a basis to grant appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 11, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is 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. 2003. 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 order were mailed to the parties at the addresses shown below on February 18, 2004 by A. Hurtado.
Lee Ann Blevins, 4500 19th St., #636, Boulder, CO 80304
Blue Mountain Arts, Inc., P. O. Box 4549, Boulder, CO 80306-4549
Legal Department, Pinnacol Assurance — Interagency Mail
Douglas P. Ruegsegger, Esq. and Michele Stark Carey, Esq., 1625 Broadway, #2300, Denver, CO 80202 (For Respondents)