4-181-816 (1998). CHARLOTTE C. MOHN.

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

Colorado Workers Compensation 1998. 4-181-816 (1998). CHARLOTTE C. MOHN INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF CHARLOTTE C. MOHN, Claimant, v. TW SERVICES, INC. d/b/a CANTEEN COMPANY, Employer, and CNA/TRANSPORTATION INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-181-816 FINAL ORDER The claimant seeks review of a final order of Administrative Law Judge Wheelock (ALJ), insofar as the order requires the respondents to offer the claimant a pain program. We find no error, and therefore, affirm the ALJ's order. The claimant sustained a compensable back injury in November 1992. As a result, she has received a prolonged course of physical and psychiatric treatments. Ultimately, the claimant underwent a Division-sponsored independent medical examination (IME) in March 1997. The IME physician opined the claimant reached maximum medical improvement (MMI) on March 7, 1997, with a twenty percent whole person impairment. However, the IME physician stated that the claimant's psychiatric condition was "spiraling downward" and it was possible that a psychiatric IME should be performed. The claimant sought a hearing on the issues of permanent partial and permanent total disability benefits. The respondents disputed the IME physician's opinion that the claimant was at MMI, and argued that she needs treatment in a pain program. The hearing was held on March 5, 1998. The parties presented conflicting expert medical opinions concerning whether or not the claimant is in need of a pain program, and whether or not she would be receptive to it. In an order dated May 19, 1998, the ALJ found that the respondents overcame the IME physician's opinion concerning MMI by clear and convincing evidence. Specifically, the ALJ found that the claimant is in need of continuing treatment from her authorized psychiatrist and psychologist. The ALJ further found that a "multi-disciplinary pain program is reasonable and necessary medical care" for the claimant. Consequently, the ALJ ordered the respondents to "offer" the claimant a "multi-disciplinary pain management program" and to coordinate the scheduling of the program with the claimant's treating physicians. The ALJ also ordered the respondents to pay temporary disability benefits. On review, the claimant does not dispute the ALJ's determination that she is not at MMI, nor does she...