W.C. Nos. 4-317-467, 4-485-469, 4-508-094Industrial Claim Appeals Office.
July 15, 2002
ORDER
Great West Life Assurance and its insurer, the Liberty Mutual Group, seek review of an order of Administrative Law Judge Coughlin (ALJ) dated January 15, 2002. We dismiss the appeal for lack of a final order.
The ALJ found the claimant suffered a compensable occupational disease in 1996 while employed by Great West Life Assurance. The ALJ also found the conditions of the claimant’s employment in late 1999, when the employer was insured by Liberty Mutual Group, caused a need for additional medical treatment. Therefore, the ALJ ordered Liberty Mutual Group to provide reasonable and necessary medical benefits to cure and relieve the effects of the injury. The ALJ also determined Dr. Hughes is an authorized treating physician.
The respondents are liable for emergency and authorized medical treatment which is reasonably necessary to cure and relieve the effects of the industrial injury. Section 8-42-101(1), C.R.S. 2001; Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo.App. 1997). “Authorization” refers to the physician’s legal authority to treat, and is distinct from whether treatment is “reasonable and necessary” within the meaning of § 8-42-101(1)(a). Mason Jar Restaurant v. Industrial Claim Appeals Office, 862 P.2d 1026 (Colo.App. 1993). Thus, a finding that treatment is “authorized” is not itself a “medical benefit.” One Hour Cleaners v. Industrial Claim Appeals Office, 914 P.2d 501
(Colo.App. 1995).
Section 8-43-301(2), C.R.S. 2001, provides that a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant any 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). Further, an award must determine the amount of benefits to be awarded before it is considered final and appealable. See United Parcel Service, Inc. v. Industrial Claim Appeals Office, 988 P.2d 1146
(Colo.App. 1999). In light of these principles, we have previously held that orders which determine the identity of the authorized provider and contain a general award of medical benefits are not final and reviewable unless the reasonableness of specific medical treatment is resolved Rosas v. DDC Interiors, Inc., W.C. No. 4-364-828 (August 18, 1999) Tilton v. ABC Turf Care, W.C. No. 3-105-542 (August 18, 1994). We adhere to our prior conclusions.
The ALJ’s order does not require the Liberty Mutual Group to pay any particular medical expense or deny any particular medical benefits. In fact, no particular medical benefit was requested. To the contrary, the ALJ found Liberty Mutual Group retained the right to dispute the reasonableness and necessity of any particular treatment and expressly reserved all other issues for future determination. Under these circumstances, the ALJ’s order is interlocutory and not currently subject to review. Director of Division of Labor v. Smith, 725 P.2d 1161
(Colo.App. 1986).
Further, we note that H R Block and GAB Robins North America Inc. requests an award of attorney fees and costs under § 8-43-301(14), C.R.S. 2001. However, we dismiss the request without prejudice.
IT IS THEREFORE ORDERED that the petition to review the ALJ’s order dated January 15, 2002, and the request for attorney fees and costs are 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. 2001. 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 July 15, 2002 to the following parties:
Valorie Romero, 9171 Aspen Dr., Thornton, CO 80229
Great West Life Assurance, 8505 E. Orchard Rd., Englewood, CO 80111-5002
Richard Perkins, H R Block, 4880 W. 120th Ave., Westminster, CO 80030
Sandy O’Brien, Esq., American Motorists Insurance Company, P. O. Box 5347, Denver, CO 80217
Liberty Mutual Group, 13111 E. Briarwood Ave., #100, Englewood, CO 80112
Shirl Ammerman, GAB Robins North America, Inc., 8500 W. 110th St., #105, Overland, KS 66210-1804
Peter H. McGuire, Esq., 1325 S. Colorado Blvd., #405, Denver, CO 80222 (For Claimant)
Scott M. Busser, Esq., 300 S. Jackson St., #570, Denver, CO 80209 (For Respondents
Great West Life Assurance and Liberty Mutual Group)
Joel M. Pollack, Esq., 999 18th St., #3100, Denver, CO 80202 (For Respondents H R Block and GAB Robins North America, Inc.)
David W. Smiley, Esq., 950 17th St., 21st floor, Denver, CO 80202 (For Respondent American Motorists Insurance Company)
BY: A. Hurtado