W.C. No. 4-424-762Industrial Claim Appeals Office.
May 30, 2001
ORDER
The respondents seek review of an order of Administrative Law Judge Wheelock (ALJ) which determined that Dr. Rook became the authorized treating physician on March 8, 2000, and, alternatively, authorized a change of treating physician to Dr. Rook effective June 6, 2000. We dismiss the petition to review without prejudice.
The ALJ found the claimant had the right to designate Dr. Rook as the authorized treating physician on March 8, 2000, because the prior authorized treating physician refused to treat the claimant for non-medical reasons. Alternatively, the ALJ found the claimant made a proper showing for a change of physician to Dr. Rook effective June 6, 2000. Thus, the ALJ ordered the respondents to pay “all reasonable and necessary medical costs associated with medical care and referral of Dr. Rook” from March 8, 2000, forward.
Section 8-43-301(2), C.R.S. 2000, provides that a party dissatisfied “with order which requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty may file a petition to review.” Orders which do not either award or deny benefits or penalties are not final and reviewable. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Similarly, orders which determine liability for benefits or penalties without determining the amount of benefits or penalties to be awarded are not final for purposes of review. See United Parcel Service, Inc. v. Industrial Claim Appeals Office, 988 P.2d 1146
(Colo.App. 1999).
In light of these principles, we have previously held a general award of medical benefits is not final and reviewable unless the record demonstrates that liability for specific medical treatment was at issue. The rationale for these decisions is that the respondents maintain the right to contest the reasonableness and necessity for particular medical benefits. E.g. Rosas v. DDC Interiors, Inc., W.C. No. 4-364-828 (August 18, 1999); Tilton v. ABC Turf Care, W.C. No. 3-105-542 (August 18, 1994). Similarly, we have held that an order authorizing a change of physician is not final and reviewable absent an order requiring payment for specific medical treatment. Such orders merely determine a physician is legally authorized to treat the claimant, without requiring the respondents to pay any particular medical benefits. E.g. Dimitt v. A P Services/Prime Cut, W.C. No. 4-426-344 (October 16, 2000); Fernandez v. City and County of Denver, W.C. No. 4-122-784 (February 7, 1996).
Here, our review of the record indicates that although the ALJ determined Dr. Rook is authorized to treat the claimant, she did not order the respondents to pay for any particular treatments recommended by Dr. Rook. Indeed, our review of the respondents’ brief suggests that even if it is ultimately determined that Dr. Rook is authorized, the respondents may yet contest the reasonableness and necessity of specific treatments. Under these circumstances, the ALJ’s order is not currently final and reviewable.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated June 9, 2000, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Bill Whitacre
NOTICE
An action to modify or vacate the Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office, which may be served by mail at 1515 Araphoe, Tower 3, Suite 350, Denver, CO 80202, and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 2000.
Copies of this decision were mailed May 30, 2001 to the following parties:
Nancy Chadwick (Sechrist), 1910 Ambleside Dr., Colorado Springs, CO 80915
Sherman Howard L.L.C., 633 17th St., #3000, Denver, CO 80202
Stacy Hoover, Liberty Mutual Insurance Company, P. O. Box 3539, Englewood, CO 80155
Chad Saunders, Liberty Mutual Insurance Company, 13111 E. Briarwood Ave., #100, Englewood, CO 80112
Jon C. Thomas, Esq., 1032 N. Wahsatch Ave., Colorado Springs, CO 80903-2484 (For Claimant)
Scott M. Busser, Esq., 300 S. Jackson St., #570, Denver, CO 80209 (For Respondents)
BY: A. Pendroy