3-667-352 (1998). DANIEL S. JONES.

• Case Date: November 09, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 3-667-352 (1998). DANIEL S. JONES INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DANIEL S. JONES, Claimant, v. GOLDCO INDUSTRIES, INC., Employer, and SAFECO INSURANCE COMPANY OF AMERICA and/or MAJOR MEDICAL INSURANCE FUND, Insurer, Respondents.W. C. No. 3-677-352FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Stuber (ALJ Stuber) which denied his application to the Major Medical Insurance Fund (MMIF). We affirm. Former § 8-66-108(1), C.R.S. (1986 Repl. Vol) [1975 Colo. Sess. Laws, ch. 72 § 8-49-101(1)(a) at 313], provides that upon application, a claim may be accepted to the MMIF where medical costs associated with the claim exceed twenty thousand dollars. See White v. State Compensation Insurance Fund, 700 P.2d 923 (Colo. App. 1985). However, former § 8-66-112 C.R.S. (1986 Cum. Supp.) [1981 Colo Sess. Laws, ch. 82 at 468], states that no claim involving an injury after July 1, 1981 shall be admitted to the MMIF. See Claim of Green, 789 P.2d 481 (Colo. App. 1990). The claimant suffered a compensable right ear injury in 1980, which required surgery to repair a ruptured tympanic membrane (TM) [commonly known as the "eardrum"]. Thereafter, the claimant suffered repeated right ear TM perforations which required surgeries in 1982, 1988 and 1993. ALJ Stuber found that the claimant also has had a recurring middle ear inflammation and infection process since early childhood, which lead to a thinning of the TM and predisposed the claimant to ear perforation and eventual erosion of the small bones behind the TM. Because no injuries after July 1, 1981 may be admitted to the MMIF, the issue before ALJ Stuber was whether the employer paid over twenty thousand dollars of medical benefits for the 1980 injury. The parties stipulated that the employer paid more than twenty thousand dollars for treatment the claimant received for ear problems which occurred in 1988 and 1993. However, crediting Dr. Hogle's opinions, the ALJ found that the claimant failed to sustain his burden to prove that those ear problems or the ear problems which occurred in 1982 are a natural consequence of the 1980 injury. Instead, the ALJ found that the 1982, 1988 and 1993 right ear problems are separate and distinct injuries. Therefore, in an order dated August 20, 1997, ALJ Stuber...