W.C. No. 4-333-727Industrial Claim Appeals Office.
September 17, 1998
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Atencio (ALJ) which denied medical benefits. We affirm.
Based upon the testimony presented at a hearing on October 23, 1997, the ALJ found that the claimant suffered a work-related injury to his knee on March 27, 1997. The ALJ further found that the employer referred the claimant to the Swedish Medical Center for treatment. Therefore, the ALJ determined that the Swedish Medical Center is the authorized provider for treatment of the industrial injury.
However, the claimant did not seek treatment at the Swedish Medical Center. Instead, the claimant obtained treatment at the Denver Health Center. Under these circumstances, the ALJ concluded that the respondents are not liable for the medical expenses incurred by the claimant at the Denver Health Center. All other issues were expressly reserved for future determination.
On review, the claimant alleges that the evidence is insufficient to support the ALJ’s finding that the employer authorized treatment at the Swedish Medical Center. In support, the claimant contends that the employer’s witnesses lied about their conversations with him and that their testimony is incredible as a matter of law. We reject this argument.
The respondents are only liable for emergency and authorized medical treatment. Sims v. Industrial Claim Appeals Office, 797 P.2d 777 (Colo.App. 1990). Further, § 8-43-404(5), C.R.S. 1998, affords the respondents a statutory right to select the authorized treating physician. Once the employer has designated a treating physician, the claimant may not change physicians without approval from the insurer or the ALJ. Pickett v. Colorado State Hospital, 32 Colo. App. 282, 513 P.2d 228 (1973); Sims v. Industrial Claim Appeals Office, supra.
The ALJ did not find, and the claimant does not allege that he obtained “emergency” treatment from the Denver Health Services. Furthermore, on direct examination the claimant admitted that the employer instructed him to go to the Swedish Medical Center for treatment of the industrial injury. (Tr. pp. 9, 22). The claimant’s testimony constitutes substantial evidence to support the ALJ’s finding that the employer designated an authorized provider to treat the industrial injury. Savio House v. Dennis, 665 P.2d 141 (Colo.App. 1983).
Because the ALJ’s findings are supported by the claimant’s testimony, it is immaterial whether the ALJ’s findings are supported by substantial evidence in the testimony of the employer’s witnesses. F.R. Orr Construction v. Rinta, 717 P.2d 965 (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). Consequently, we need not consider the claimant’s arguments concerning the credibility of the employer’s witnesses.
Moreover, the ALJ’s findings support the conclusion that the respondents are not liable for the treatment provided by the Denver Health Services. Therefore, the ALJ did not err in denying the claimant’s request for reimbursement of the medical expenses incurred at the Denver Health Services.
In reaching this disposition, we have not considered the copy of a check the claimant asserts he received on April 1, 1997, which the claimant attached to his appellate brief. Our review is limited to the record before the ALJ and we may not consider evidence submitted for the first time on appeal. See Voisinet v. Industrial Claim Appeals Office, 757 P.2d 171 (Colo.App. 1988) Subsequent Injury Fund v. Gallegos, 746 P.2d 71 (Colo.App. 1987).
IT IS THEREFORE ORDERED that the ALJ’s order dated December 9, 1997, 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 September 17 1998, to the following parties:
David A. Brinegar, 406 S. Sherman, Denver, CO 80209
Dalectel Network Systems Corp., 10626 E. Inspiration Dr., Parker, CO 80138-8532
Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq. (Interagency Mail)
Fred Ritsema, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Respondents)
BY: _______________________