W.C. No. 4-741-836.Industrial Claim Appeals Office.
December 14, 2010.
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Cain (ALJ) dated August 19, 2010, that ordered the insurer to provide ongoing medical treatment that is reasonably necessary to alleviate and prevent deterioration of the claimant’s injury related symptoms and conditions. We affirm.
We entered an order dated June 23, 2010 that remanded the matter to the ALJ for determination of the claimant’s entitlement to ongoing maintenance medical benefits pursuant to Grover v. Industrial Commission, 759 P. 2d 705 (Colo. 1988). The ALJ had determined that the claimant had failed to raise the issue o Grover medical benefits at a prior hearing on permanency and waived his right to those medical benefits. It was our opinion that there was not an effective waiver by the claimant of the issue of future medical benefits at the prior hearing. Therefore we remanded the matter for a factual determination of the claimant’s entitlement to Grover medical benefits as a substantive matter.
The ALJ credited the opinions of the physician who conducted the Division-sponsored independent medical examination (DIME) and found that the claimant needs a medical consultation and physical therapy for the shoulder, and diagnostic testing in the form of x-rays for the low back. The ALJ ordered the insurer to provide ongoing medical treatment that was reasonably necessary to alleviate and prevent deterioration of the claimant’s injury-related symptoms and conditions.
The respondents essentially contend we erred in remanding the matter and that the original decision of the ALJ dated March 5, 2010 should be reinstated. The respondents
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argue that the claimant had waived his right to future medical care and we erred in determining otherwise. The reasoning underlying our previous resolution of these issues is set forth in our order dated June 23, 2010. In our view it is unnecessary to reiterate it here, since our reasoning has not changed and essentially the respondents seek now to appeal that order, which by remanded for further proceedings was interlocutory. We are not persuaded to depart from our previous ruling.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 19, 2010 is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Curt Kriksciun
______________________________ Thomas Schrant
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JIMMY LASSITER, DENVER, CO, (Claimant).
ACE AMERICAN INSURANCE, Attn: AMY FUNDERBURK, C/O: GALLAGHER BASSETT SERVICES, ENGLEWOOD, CO, (Insurer).
FRANKLIN D AZAR ASSOCIATES, PC, Attn: JOHN M. CONNELL, ESQ., AURORA, CO, (For Claimant).
THOMAS POLLART MILLER, LLC, Attn: DOUGLAS A. THOMAS, ESQ., GREENWOOD VILLAGE, CO, (For Respondents).
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