W.C. No. 4-724-391.Industrial Claim Appeals Office.
January 14, 2009.
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Cannici (ALJ) mailed to the parties on August 29, 2008, that ordered them to pay the claimant temporary total disability benefits based on an average weekly wage of $712.80, together with reasonable and necessary medical benefits. We affirm.
We previously remanded this matter after determining that, according to the ALJ’s findings, the claimant had sustained a compensable injury. We determined that the ALJ’s findings to the effect that the claimant aggravated a preexisting knee condition while engaged in a work-related activity was sufficient to find the injury to be compensable. It was unnecessary for the ALJ to apply the special hazards doctrine under the circumstances. We therefore reversed the ALJ’s determination that the claimant had not sustained a compensable injury. We adhere to the reasoning set forth in our previous order issued on May 30, 2008 and incorporate that order here by reference.
The respondents assert on appeal that we erred in concluding that the claimant had established that he sustained a compensable injury. In support of their contention, the respondents assert that we misconstrued the ALJ’s findings of fact. The respondents refer to the ALJ’s consideration of Dr. Zinis’s opinions. They assert that the ALJ did not specifically credit Dr. Zinis’s opinion that the May 9, 2007 incident aggravated the claimant’s preexisting left knee condition. First Order Finding of Fact, ¶ 9. According to the respondents, the ALJ could not find that the claimant’s work activities aggravated his preexisting left knee condition absent Dr. Zinis’s supporting opinion. We disagree.
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As we noted previously, the ALJ found that the aggravation to the claimant’s knee condition occurred “while working for Employer.” First Order Finding of Fact ¶ 10. Thus, this is not a case in which a preexisting condition was the precipitating cause of an injury. Therefore, the special hazards doctrine is inapplicable. Consistent with his original findings to the effect that the claimant aggravated his preexisting knee condition while performing a work-related activity, the ALJ further found on remand that the claimant was inspecting an outlet box “during the course and scope of his employment” when he sustained an industrial injury. Findings of Fact, Conclusions of Law, and Order on Remand (Order on Remand) at 3, ¶ 3 and at 6, ¶ 8. See Musgrave v. Industrial Claim Appeals Office, 762 P.2d 686, 687-88 (Colo.App. 1988) (trial court may make additional findings consistent with general remand for further proceedings).
The respondents also argue that the ALJ failed to address causation and apportionment regarding the claimant’s medical treatment. The ALJ need not address every piece of evidence if the bases of the order are clear from the findings, and evidence not addressed was presumably rejected as not persuasive. Magnetic Engineering, Inc. v. Industrial Claim Appeals Office, 5 P.3d 385 (Colo.App. 2000). Nonetheless, the ALJ expressly determined that “[a]ll of Claimant’s treatment was authorized and designed to cure and relieve the effects of his May 9, 2007 injury.” Order on Remand at 5, ¶ 5.
We are not persuaded that the ALJ erred in awarding benefits to the claimant. Finally, we note that the ALJ’s order indicates that it is dated August 29, 2007, but it appears undisputed by the parties that the actual date of the order is August 29, 2008 as indicated by the certificate of service and that the date in the ALJ’s order is merely a typographical error.
IT IS THEREFORE ORDERED that the ALJ’s order issued August 29, 2008 is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
__________________ John D. Baird
__________________ Curt Kriksciun
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SCOTT T SHELTON, FORT LUPTON, CO, (Claimant).
ECKSTINE ELECTRIC COMPANY, Attn: MS RENEE MCENTEE, WCR #25 1/2, PLATTEVILLE, CO, (Employer).
PINNACOL ASSURANCE, Attn: HARVEY D FLEWELLING, ESQ., DENVER, CO, (Insurer).
LAW OFFICES OF REGINA WALSH ADAMS, Attn: REGINA M WALSH ADAMS, ESQ., GREELEY, CO, (For Claimant).
RUEGSEGGER SIMONS SMITH STERN, LLC, Attn: RICHARD J LIBY, ESQ., DENVER, CO, (For Respondents).
RITSEMA LYON, Attn: RONDA K CORDOVA, ESQ., FORT COLLINS, CO, (Other Party).
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