4-201-920 (1998). GLORIA FUENTEZ.

• Case Date: December 18, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-201-920 (1998). GLORIA FUENTEZ INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF GLORIA FUENTEZ, Claimant, v. HEWLETT PACKARD, Employer, and SELF-INSURED, Insurer, Respondent.W. C. No. 4-201-920FINAL ORDER The respondent seeks review of an order of Administrative Law Judge Wheelock (ALJ) which awarded interest. We affirm. Former § 8-43-410(2), C.R.S. (1993 Cum. Supp.) [amended in 1994] provided that: "Every employer or insurance carrier of an employer shall pay interest at the rate of eight percent per annum upon all sums not paid upon the date fixed by the award of the director or administrative law judge for the payment thereof." The sole issue before the ALJ was whether the claimant is entitled to interest on admitted permanent partial disability benefits. The parties stipulated to the pertinent facts. The claimant suffered a compensable injury in 1993 and was placed at maximum medical improvement (MMI) in 1994, with fifteen percent impairment of the upper extremity. The respondent admitted liability for scheduled disability benefits. The claimant objected and requested a Division-sponsored independent medical examination (IME). The IME physician determined the claimant was not at MMI. The claimant was subsequently determined to be at MMI on February 22, 1996. A Division-sponsored IME was conducted by Dr. Polanco on May 19, 1997. Dr. Polanco agreed with the February 22 date for MMI, and rated the claimant's permanent medical impairment as 10 percent of the whole person. The respondent's attorney received Dr. Polanco's IME report on July 28, 1997. On July 31, 1997, the respondent filed a Final Admission of Liability which admitted liability for permanent partial disability benefits in accordance with Dr. Polanco's rating, commencing February 22, 1996, and ending November 19, 1997. The claimant objected to the Final Admission insofar as it did not include accrued interest from February 22, 1996 to July 31, 1997. The ALJ found that the respondent did not dispute Dr. Polanco's MMI determination or Dr. Polanco's impairment rating. Therefore, the ALJ determined the respondent is liable for interest on the permanent partial disability award for the period February 22, 1996 to July 31, 1997. I. On review, the respondent contends that whole person impairment benefits were not due...