W.C. No. 4-533-704Industrial Claim Appeals Office.
March 19, 2004
FINAL ORDER
The respondent seeks review of an order of Administrative Law Judge Stuber (ALJ) insofar as it determined that Dr. Polanco and his “referrals” are authorized treating physicians. We affirm.
The ALJ found that Dr. Gray, the authorized treating physician selected by the respondent, referred the claimant to Dr. Polanco for treatment of the claimant’s left shoulder on March 25, 2002. The ALJ further found that there was no limit placed on the “nature of the referral.” Dr. Polanco performed injections, and eventually referred the claimant to Dr. Royce for an orthopedic evaluation. As a result, the ALJ ordered the respondent to “pay for all reasonable and necessary treatment by Dr. Polanco and his referrals.”
The respondent filed a timely petition to review alleging that the ALJ erred in finding them liable for treatment rendered by Dr. Polanco and his referrals. The petition states generally that the findings are insufficient to support appellate review, that conflicts in the evidence are not resolved, and that the law does not support the order. The only specific allegation is that the evidence does not support the finding that Dr. Gray “placed no limit on the nature of the referral to Dr. Polanco.”
The respondent failed to file a timely brief in support of the petition to review. Consequently, the effectiveness of our review is limited.
When an authorized physician makes a referral to a second medical provider in the normal progression of authorized treatment the second provider becomes authorized. Bestway Concrete v. Industrial Claim Appeals Office, 984 P.2d 680 (Colo.App. 1999). The question of whether such a referral was made and the scope of the referral are questions of fact for determination by the ALJ. City of Durango v. Dunagan, 939 P.2d 496
(Colo.App. 1997); Gamboa v. ARA Group, Inc., W.C. No. 4-106-924 (November 20, 1996).
Because the existence and scope of a referral are questions of fact, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2003. In this regard, we may not substitute our judgment for that of the ALJ concerning the weight of the evidence or the plausible inferences to be drawn from the record City of Durango v. Dunagan, supra; Suetrack USA v. Industrial Claim Appeals Office, 902 P.2d 854 (Colo.App. 1995). Further, the ALJ need not make findings concerning every piece of evidence so long as the basis of the order is clear from the findings which are entered. Further, evidence or inferences not mentioned are considered to have been rejected by the ALJ. Magnetic Engineering, Inc. v. Industrial Claim Appeals Office, 5 P.3d 385 (Colo.App. 2000).
Here, there is ample evidence to support the order. The claimant testified that Dr. Gray referred her to Dr. Polanco. Although we find no written referral, Dr. Polanco’s notes state that Dr. Gray requested him “to evaluate this lady secondary to left shoulder pain,” and that Dr. Polanco injected the shoulder on March 25 and March 29, 2002. Dr. Gray’s notes of March 25 reflect that he was notified “Dr. Polanco performed a steroid injection of the left shoulder today.” Nothing in Dr. Gray’s notes indicates that this injection was beyond the intended scope of the referral to Dr. Polanco. It is possible the ALJ may have drawn other inferences, but we cannot say the inferences which he did draw are unsupported by the record. Thus, the order must be upheld.
IT IS THEREFORE ORDERED that the ALJ’s order dated June 27, 2003, 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, Colorado 80203, by filing a Petition to Review with the Court, within twenty (20) days after the date this Order was mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2003. 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 order were mailed to the parties at the addresses shown below on March 19, 2004 by A. Pendroy.
Henrietta Garcia, P. O. Box 76652, Colorado Springs, CO 80970
Hank Hahne, Safeway, P. O. Box 5927 T. A., Denver, CO 80217
Kat Pennucci, Subsequent Injury Fund, Tower 2, #630, Division of Workers’ Compensation — Interagency Mail
W. Thomas Beltz, Esq., 729 S. Cascade Ave., Colorado Springs, CO 80903 (For Claimant)
Richard A. Bovarnick, Esq. and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)