W.C. No. 4-269-466Industrial Claim Appeals Office.
June 5, 1997
ORDER
The claimant has filed a Petition for Review of a “Declaratory Order” issued by Pre-Hearing Administrative Law Judge Harr (ALJ), dated March 14, 1997. We dismiss the Petition for Review without prejudice due to lack of a final order.
Under § 8-43-301(2), C.R.S. (1996 Cum. Supp.), 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. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989).
Furthermore, we have previously held that an order which grants or denies a request for an independent medical examination (IME) does not award or deny a benefit or penalty within the meaning of § 8-43-301(2). Rather, IMEs conducted under the statutory provisions currently codified at § 8-42-107(8), C.R.S. (1996 Cum. Supp.) serve an evidentiary function. Parra v. Sonnenalp Properties, Inc., W.C. No. 3-108-875, May 17, 1994 Martinez v. CIGNA Insurance, W.C. No. 4-153-571, April 21, 1994 cf. American Express v. Industrial Commission, 712 P.2d 1132
(Colo.App. 1985).
The ALJ’s “Declaratory Order” provides that the IME by Dr. Finn on the issues of maximum medical impairment and medical impairment “is subject to clear and convincing evidence.” The ALJ also determined that the respondent-insurer is not required to obtain a second IME to review the medical impairment rating by Dr. Pero.
However, the ALJ’s order does not award or deny any “benefit” or “penalty.” Therefore, the ALJ’s order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the claimant’s Petition for Review of the ALJ’s order dated March 14, 1997, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Dona Halsey
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 writ of certiorari with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1996 Cum. Supp.).
Copies of this decision were mailed June 5, 1997 to the following parties:
Hugo Estrada, P.O. Box 602, Swink, CO 81077
Byron T. Hanagan Farms, Inc., P.O. Box 143, Swink, CO 81077-0143
Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)
James M. Anderson, Esq., 559 E. Pikes Peak Ave., Ste. 212, Colorado Springs, CO 80903 (For the Claimant)
Douglas A. Thomas, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For the Respondents)
By: _______________________________