W.C. No. 4-445-060Industrial Claim Appeals Office.
February 22, 2002
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Henk (ALJ) dated January 10, 2001, which awarded medical benefits consisting of an IDET procedure recommended by Dr. Haney. We affirm.
The respondents’ Petition to Review contains no specific allegations of error. Furthermore, the respondents have not filed a brief in support of the Petition to Review and, consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642
(Colo.App. 1986).
Our authority to review the ALJ’s order is defined in § 8-43-301(8), C.R.S. 2001. That statute precludes us from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
The respondents are liable for medical treatment which is reasonably necessary to cure and relieve the effects of the industrial injury. Section 8-42-101(1)(a), C.R.S. 2001; Colorado Compensation Insurance Authority v. Nofio, 886 P.2d 714 (Colo. 1994). The determination of whether a particular treatment is reasonable and necessary to treat the industrial injury is a question of fact for the ALJ, and we may not disturb his resolution if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2001; City and County of Denver School District 1 v. Industrial Commission, 682 P.2d 513 (Colo.App. 1984). Substantial evidence is that quantum of probative evidence which a rational fact-finder would accept as adequate to support a conclusion, without regard to the existence of conflicting evidence. Durocher v. Industrial Claim Appeals Office, 905 P.2d 4 (Colo.App. 1995).
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review and indicate the ALJ resolved conflicts based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489 (Colo.App. 1992).
The ALJ determined that Dr. Haney, who is the claimant’s authorized treating physician recommended the claimant undergo an IDET procedure as an alternative to surgery for treatment of the industrial injury. Further, the ALJ determined Dr. Haney’s opinions were “credible, persuasive and unrefuted.” Because the claimant is willing to submit to the IDET procedure, the ALJ determined the preponderance of the evidence established that the IDET procedure is reasonable and necessary to cure or relieve the effects of the industrial injury. Therefore, the ALJ ordered the respondents to pay the cost of the treatment.
The ALJ’s findings are supported by substantial evidence in the medical records. Moreover, the ALJ’s factual determinations support the conclusion that the IDET procedure is a compensable medical benefit. See Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo.App. 1997). Therefore, the respondents have failed to establish grounds which afford us a basis to grant appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 10, 2001, 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. 2001. 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 February 22, 2002 to the following parties:
Ranulfo Chacon, 1820 Juniter St., Longmont, CO 80051
J. W. Gibson Well Service Company, Key Energy Services, Attn: Baxter Haley, 159 N. Wolcott, #360, Casper, WY 82601
Liberty Mutual Insurance Company, P. O. Box 168208, Irving, TX 15016
Jordan S. Levine, Esq., 1490 Lafayette St., #203, Denver, CO 80218 (For Claimant)
Scott Busser, Esq., 300 S. Jackson St., #570, Denver, CO 80209 (For Respondents)
BY: A. Pendroy