W.C. No. 4-209-155Industrial Claim Appeals Office.
April 14, 1997
ORDER OF REMAND
This matter has been remanded by the Court of Appeals in an opinion dated December 12, 1996, in case No. 96CA0736. Mandate issued on March 17, 1997. The court set aside our order dated April 4, 1996, insofar as we upheld an order of Administrative Law Judge Wheelock (ALJ) which denied authorization and payment for psychological treatment.
The Court of Appeals held that we erred in concluding that the ALJ implicitly adopted Dr. Deverell’s opinion concerning whether the claimant suffered a compensable psychological injury. Further the court concluded that the ALJ’s findings of fact were insufficient to ascertain whether the ALJ applied the proper legal standard in determining that the claimant was not entitled to additional medical benefits for a psychological injury. Therefore, the court remanded the matter with directions that the ALJ issue additional findings of fact concerning Dr. Michelli’s authorization to provide psychological treatment, the claimant’s request for additional medical benefits, and the claimant’s request for a change of provider.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Bill Whitacre
Copies of this decision were mailed April 14, 1997 to the following parties:
Ryan E. Mendonca, 2133 Silent Rain Dr., Colorado Springs, CO 80919
Sisters of St. Francis, 7665 Assisi Heights, Colorado Springs, CO 80919
Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq. (Interagency Mail)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349
(For the Claimant)
BY: _______________________