W. C. No. 4-774-216.Industrial Claim Appeals Office.
December 8, 2010.
ORDER OF REMAND
This case is before us pursuant to the remand of the Colorado Court of Appeals. The Court of Appeals set aside in part our order affirming the Administrative Law Judge’s determination. The Court of Appeals set aside the finding that the employer waived its right of physician selection and the conclusion that the claimant’s personal physician was deemed to be the authorized treating physician (ATP). The Court of Appeals directed that on remand, if no agreement concerning the identity of the ATP and payment of medical bills is reached, the parties must be given an opportunity to present evidence on that issue. The Court of Appeals’ mandate issued on December 1, 2010.
IT IS THEREFORE ORDERED that the Administrative Law Judge’s order is set aside as to the finding that the employer waived its right of physician selection and the conclusion that the claimant’s ATP was deemed to be the authorized treating physician. The case is remanded for further proceedings pursuant to the direction of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ John D. Baird
______________________________ Thomas Schrant
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FRANK ALMEDA, 2035 ELMWOOD LANE, PUEBLO, CO, 81005 (Claimant).
LA FARGE CONSTRUCTION INC., Attn: SONIA BIXLER, C/O: CHURCH RANCH OFFICE CENTER, 10170 CHURCH RANCH WAY, SUITE 200, WESTMINSTER, CO, 80021 (Employer).
McDIVITT LAW FIRM, P.C., Attn: SHEILA TOBORG, ESQ., 19 E CIMARRON STREET, COLORADO SPRINGS, CO, 80903 (For Claimant).
TREECE, ALFREY, MUSAT BOSWORTH, P.C., Attn: KAREN G. TREECE, ESQ., 999 18TH STREET, SUITE 1600, DENVER, CO, 80202 (For Respondents).
GALLAGHER BASSETT SERVICES, Attn: ALIXE LANDRY, P O BOX 4068, ENGLEWOOD, CO, 80155-4068 (Other Party).
LAFARGE NORTH AMERICA, Attn: MICHAEL GUARINO, 12950 WORLDGATE DRIVE, SUITE 500, HERNDON, VA, 20170 (Other Party 2).
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