4-179-084 (1998). MARLENE MARTINEZ.

• Case Date: October 28, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-179-084 (1998). MARLENE MARTINEZ INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF MARLENE MARTINEZ, Claimant, v. ARA SERVICES, Employer, and RELIANCE INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-179-084 FINAL ORDER The claimant seeks review of a final order of Administrative Law Judge Erickson (ALJ), which denied her claim for temporary disability benefits from January 12, 1995 to February 15, 1996. The claimant contends that she never reached maximum medical improvement (MMI), and that she was never released to regular employment by the attending physician. We affirm. The claimant sustained a compensable back injury in July 1993. Because the respondents did not exercise their right of first selection, the claimant elected to be treated by her personal physician, Dr. Simpson. The claimant also received authorized treatment from a neurologist, Dr. Samuelson. The claimant did not improve under Dr. Simpson's treatment, and in September 1994 the respondents referred the claimant to Dr. Primack for an evaluation. In a September 9, 1994, report, entitled "Initial Medical Evaluation / Second Opinion," Dr. Primack recommended that the claimant undergo a "comprehensive six week rehabilitation program emphasizing both physical therapy and psychology." Thereafter, the claimant underwent the "multi-disciplinary rehabilitation program overseen by Dr. Primack." On January 12, 1995, Dr. Primack issued a report opining that the claimant was at MMI, had a permanent medical impairment of five percent of the whole person, and could return "to her job at full-duty without restrictions." The claimant then sought a Division-sponsored independent medical examination (IME) for purposes of contesting the issues of MMI and permanent impairment. In September 1995, the IME physician issued a report opining that the claimant was not at MMI. The respondents have not sought to overcome that determination. Relying on § 8-42-105(3)(c), C.R.S. 1998, the ALJ held that the claimant is not entitled to temporary total disability benefits as of January 12, 1995. Section 8-42-105(3)(c), provides that temporary total disability benefits shall continue until "the attending physician gives the employee a written release to return to regular employment." The ALJ specifically found that Dr. Primack was "the...