W.C. No. 4-258-106Industrial Claim Appeals Office.
October 19, 1998
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Gandy dated March 16, 1998. We affirm.
The claimant sustained an admitted low back injury on May 25, 1995, which was treated by Dr. Bradley. The claimant treated with Dr. Bruns for the psychological effects of the injury. On November 7, 1995, Dr. Bradley placed the claimant at maximum medical improvement (MMI). Dr. Bronstein conducted a Division-sponsored independent medical examination (IME) under the provisions of § 8-42-107(8), C.R.S. 1998. Dr. Bronstein agreed with Dr. Bradley’s opinion that the claimant reached MMI in November 1995. Dr. Bronstein also rated the claimant’s permanent medical and mental impairment from the injury as 18 percent of the whole person. In so doing Dr. Bronstein agreed with Dr. Bruns’ opinion that all but 30 percent of the claimant’s mental impairment is attributable to a pre-existing condition.
On her own, the claimant was examined and treated by Dr. Medelman, who opined the claimant is not at MMI from the psychological injury. Dr. Medelman also disagreed with Dr. Bronstein’s apportionment of mental impairment.
The claimant filed an Application for Hearing on several issues. However, at the commencement of the hearing on February 18, 1998, claimant’s counsel stated that the issues were MMI, apportionment of mental impairment and authorization of Dr. Medelman’s treatment.
Crediting the opinions of Dr. Bronstein and Dr. Bruns, the ALJ found that the claimant failed to sustain her burden to overcome Dr. Bronstein’s finding of MMI. Furthermore, the ALJ determined that the difference of opinion between Dr. Medelman and Dr. Bronstein does not rise to the level of “clear and convincing evidence” that Dr. Bronstein incorrectly apportioned the claimant’s mental impairment.
Moreover, the ALJ found that the claimant was referred to Dr. Medelman by her attorney and not an authorized treating physician. Consequently, the ALJ determined that Dr. Medelman’s treatment was not authorized, and is not a compensable medical benefit.
The claimant’s Petition to Review alleges the ALJ’s findings of fact do not support his order, and that the order is not supported by the applicable law. The claimant also contends the ALJ “acted in excess of his authority.” However, the claimant did not file a brief in support of the Petition. Therefore, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
The claimant does not dispute that the ALJ’s findings of fact are supported by substantial evidence in the record. Therefore, we must uphold the ALJ’s findings of fact. Section 8-43-301(8), C.R.S. 1998; Metro Moving Storage Co. v. Gussert, 914 P.2d 411
(Colo.App. 1995). Moreover, the ALJ’s findings support his conclusions of law and his order is consistent with the applicable law. See §§ 8-42-107(8) (b) (c), C.R.S. 1998; Qual-Med, Inc., v. Industrial Claim Appeals Office, 961 P.2d 590 (Colo.App. 1998) (cause of disability inherent part of IME physician’s rating) City of Durango v. Dunagan, 939 P.2d 496 (Colo.App. 1997).
Furthermore, we have reviewed the record and perceive no error in the ALJ’s exercise of his authority. See § 8-43-207(1), C.R.S. 1998. Therefore, we have no basis to disturb the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 16, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
NOTICE This Order is final unless an action to modify or vacate thisOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, CO 80203, by filing a petition for review 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. 1998.
Copies of this decision were mailed October 19, 1998 to the following parties:
Marie Bohn, 3637 Carson St., Evans, CO 80620
Windsor Health Care, 710 3rd St., Windsor, CO 80550-5484
Insurance Company of the State of Pennsylvania, % Alexsis Risk Management Services, One Park
Central Building, #410, 1515 Arapahoe St., Denver, CO 80202
Shawn Langley, Esq., 1115 Eleventh Ave., Greeley, CO 80631 (For Claimant)
Andrew R. Bantham, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526 (For Respondents)
BY: _______________________