W.C. Nos. 4-373-303 4-375-207 4-407-022Industrial Claim Appeals Office.
June 26, 2000
ORDER
The respondents, Roaring Fork Health Care d/b/a Glen Valley Care Center and its insurer, Centre Insurance Company seek review of an order of Administrative Law Judge Martinez (ALJ) insofar as the ALJ awarded future medical benefits. We dismiss the petition to review without prejudice.
The ALJ found the claimant suffered compensable injuries in W.C. No. 4-373-303 and 4-375-207 but denied and dismissed W.C. No. 4-407-022. The ALJ also found the claimant failed to overcome the treating physician’s determination of maximum medical improvement (MMI). Therefore, the ALJ denied the claimant’s request for additional temporary total disability benefits. However, the ALJ determined the claimant is entitled to future medical benefits as provided by Grover v. Industrial Commission, 759 P.2d 705 (Colo. 1988). (Conclusions of Law 7). Therefore, the ALJ ordered the respondents to “provide medical care and treatment subsequent to maximum medical improvement” pursuant t Grover v. Industrial Commission, supra.
On review the respondents contend the ALJ erred as a matter of law and fact in awarding Grover type medical benefits. In support the respondents contend the record compelled the ALJ to find that the claimant’s need for medical treatment after MMI was caused by the industrial injury alleged in W.C. No. 4-407-022.
Under § 8-43-301(2), C.R.S. 1999, a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. United Parcel Service, Inc. v. Industrial Claim Appeals Office, 988 P.2d 1146 (Colo.App. 1999). In view of these principles we have previously held that general awards of medical benefits are not final and reviewable absent a ruling concerning the respondents’ liability for specific treatment. E.g., Tilton v. ABC Turf Care, W.C. No. 3-105-542
(August 18, 1994).
Here, the ALJ’s order does not award or deny the claimant any particular Grover type medical benefit. Further, the ALJ did not make any specific findings of fact concerning whether any particular medical benefit was reasonably necessary to cure and relieve the effects of the industrial injury, and expressly reserved for future determination all issues not explicitly resolved in the order. Under these circumstances, the ALJ’s award of Grover type medical benefits is not a final order within the meaning of § 8-42-301(2), and is 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 respondents’ petition to review the ALJ’s January 4, 2000, award of Grover type medical benefits is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
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. 1999. 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 June 26, 2000
to the following parties:
Wanda Duncan, 143 Smokey Hill Circle, Parachute, CO 81635
Roaring Fork Health Care, Inc. dba Glen Valley Care Center, 2305 Blake Ave., Glenwood Springs, CO 81601-4325
Centre Insurance Company, Beatrice Calvert, Superior National Insurance Group, P. O. Box 101630, Denver, CO 80250-1630
American Compensation Insurance Company, Patty Enloe, RTW Colorado, Inc., P. O. Box 6541, Englewood, CO 80155-6541
Donald J. Kaufman, Esq., 401 23rd St., #302, Glenwood Springs, CO 81601 (For Claimant)
Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents Glen Valley Care Center and Centre Insurance Company)
Gene Dackonish, Esq., 415 Brach Dr., Grand Junction, CO 81503 (For Respondents Glen Valley Care Center and American Compensation Insurance Company)
BY: A. Pendroy