W.C. Nos. 4-524-561 4-359-050Industrial Claim Appeals Office.
February 11, 2003
ORDER
AIM Leasing Company and its insurer, Pacific Employers Insurance (collectively the Pacific respondents) seek review of an order of Administrative Law Judge Friend (ALJ) which required them to provide medical benefits. We dismiss the appeal for lack of a final order.
The claimant suffered admitted injuries to his low back and pelvis in 1997 while employed by Groendyke Transport Inc. The injuries are the subject of W.C. No. 4-359-050. The claimant reached maximum medical improvement in 1998 and the claim was subsequently closed.
In 2000 the claimant became employed as a truck driver with AIM Leasing Company (AIM). The ALJ found this employment was considerably more strenuous than the claimant’s employment at Groendyke. The claimant’s back condition subsequently worsened.
On conflicting medical evidence the ALJ found the claimant’s worsened condition was not a natural progression of the 1997 injuries. Therefore, the ALJ denied the claimant’s petition to reopen W.C. No. 4-359-050. The claimant did not appeal that portion of the ALJ’s order.
Instead, the ALJ determined the claimant’s low back condition is the result of a new injury in the nature of an occupational disease which was caused by the claimant’s employment at AIM. Consequently, the ALJ held the Pacific respondents responsible for “medical care that is reasonably necessary to cure and relieve Claimant from the effects of his occupational disease.”
Our authority is limited to the review of “final” orders. See §8-43-301(2), C.R.S. 2002; United States Fidelity and Guaranty, Inc. v. Kourlis, 868 P.2d 1158 (Colo.App. 1994). A final order is an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty.” Orders which only determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by § 8-43-301(2), and consequently are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843
(Colo.App. 1989); CF I Steel Corp. v. Industrial Commission, 731 P.2d 144 (Colo.App. 1986); Great West Casualty Co. v. Tolbert, Colo. App. No. 90CA0046, October 4, 1990 (not selected for publication) (order requiring payment of benefits “to which the claimant may be entitled” was not yet reviewable). Further, an order may be partially final and partially not final for purposes of § 8-43-301(2). Oxford Chemicals, Inc. v. Richardson, supra.
The respondents are liable for emergency and authorized medical treatment which is reasonably necessary to cure and relieve the effects of the industrial injury. Section 8-42-101(1), C.R.S. 2002; Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo.App. 1997). We have previously held that orders which contain a general award of medical benefits are not final and reviewable unless the reasonableness of specific medical treatment is resolved. 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). The rationale for these decisions is that the respondents maintain the right to contest the reasonableness and necessity for particular medical benefits. Snyder v. Industrial Claim Appeals Office, supra. We adhere to our previous conclusions.
Here, the ALJ’s order does not award or deny the claimant any particular medical benefit. In fact, no particular benefit was requested. Further, the ALJ did not determine the identify of the authorized providers and whether authorized treatment was reasonable, necessary and related to the industrial injury. Under these circumstances, the contested portion of the ALJ’s order is interlocutory and not currently subject to review. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the petition to review the ALJ’s order dated August 29, 2002, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________
Kathy E. Dean
____________________________________
Bill Whitacre
NOTICE
An action to modify or vacate this Order may be 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. 2002. 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 11, 2003 _________to the following parties:
Eugene Ditson, 1090 Dogwood Ave., Ft. Lupton, CO 80261
AIM Leasing Company, 1500 Trumbull Ave., Girard, OH 44420
Groendyke Transport, Inc., 9751 E. 104th Ave., Henderson, CO 80640
Pacific Employers Insurance, c/o Gwen Brightwell, ESIS, P.O. Box 2941, Greenwood Village, CO 80150
Continental Casualty Company, c/o Beth Nolan, G. E. Young Company, 4251 Kipling St., #510, Wheat Ridge, CO 80033
Renee C. Ozer, Esq., 18 E. Monument St., Colorado Springs, CO 80903 (For Claimant)
James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents AIM Leasing Company and Pacific Employers Insurance)
Tama L. Levine, Esq., 999 18th St., #1755, Denver, CO 80202 (For Respondents Groendyke Transport, Inc. and Continental Casualty Company)
BY: __________A. Hurtado__________