4-149-902 (1998). CHERYL DAVIS-KIRKLAND.

• Case Date: December 07, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-149-902 (1998). CHERYL DAVIS-KIRKLAND INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF CHERYL DAVIS-KIRKLAND, Claimant, v. PENSKE, Employer, and NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Insurer, Respondents.W. C. No. 4-149-902FINAL ORDER The claimant and the respondents petitioned separately for review of an order of Chief Administrative Law Judge Felter (ALJ) which assessed penalties for the respondents' unilateral termination of temporary disability benefits. We affirm. The claimant suffered a compensable injury in 1992. Dr. Ring performed an independent medical examination (IME) on September 30, 1997, at the respondents' request. On December 8, 1997, Dr. Ring recommended the claimant undergo a three phase bone scan to rule out reflex sympathetic dystrophy (RSD). On October 24, 1997, a stipulated order was entered which required the respondents to pay temporary total disability benefits commencing August 20, 1997, and to provide diagnostic testing to determine the existence of RSD. The respondents subsequently scheduled a medical appointment for the claimant to undergo a three phase bone scan. The claimant refused to attend the appointment on grounds that Dr. Ring is not an authorized treating physician, and that the authorized treating physician, Dr. Wright, has not recommended a three phase bone scan. The respondents rescheduled the appointment for April 28, 1998, and advised the claimant that failure to attend the rescheduled appointment may "adversely affect her disability benefits." The claimant did not attend the April 28 appointment. As a result, the respondents filed a general admission of liability which terminated temporary total disability benefits effective April 28, 1997. The claimant objected and requested penalties for the respondents' unilateral termination of benefits. Based upon the evidence presented at a hearing on July 14, 1997, the ALJ determined that the respondents had "no justification" for the unilateral termination of temporary total disability benefits. The ALJ found that Dr. Ring is an IME physician, and not an authorized treating physician or attending physician. The ALJ also found that Dr. Wright did not refer the claimant to Dr. Ring. Therefore, the ALJ ordered the respondents to reinstate temporary total disability benefits effective April 29, 1997, and imposed penalties against the respondents at the rate of $50 per day from April 29, 1998 to July 14, 1998. I. On review, the respondents dispute the ALJ's finding that they had no justification to terminate the claimant's temporary disability benefits. In support, the respondents cite the Rules of Procedure, Part IX(C)(1)(e), 7 Code Colo. Reg., 1101-3 at 34, which provide that an insurer may unilaterally terminate temporary total disability benefits by the filing of an admission of...