4-248-648 (1998). SONDRA A. HOLLIDAY.

• Case Date: October 20, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-248-648 (1998). SONDRA A. HOLLIDAY INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF SONDRA A. HOLLIDAY, Claimant, v. BESTOP, INC., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-248-648FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Rumler (ALJ) which dismissed the claimant's application for hearing on a claim for penalties under § 8-43-304(1), C.R.S. 1998. We affirm. In 1994, the claimant suffered a compensable injury. During a pre-trial/settlement conference before Prehearing Administrative Law Judge Purdie (PALJ), the respondents agreed to pay for an evaluation by Dr. Lane. The claimant argues that the respondents also agreed to pay for any medical treatment Dr. Lane found to be necessitated by the industrial injury. Following an exam on March 31, 1997, Dr. Lane diagnosed the claimant with chronic daily headaches related to the industrial injury and recommended additional treatment. However, the respondents refused to authorize the treatment. In an order dated July 14, 1997, Administrative Law Judge Stuber (ALJ Stuber) ordered the respondents to pay for the treatment provided by Dr. Lane "as stipulated." However, the respondents did not authorize Dr. Lane's treatment until August 26, 1997. Thereafter, the claimant sought an order imposing penalties under § 8-43-304(1) for each day the respondents failed to provide Dr. Lane's treatment between March 31, 1997 and August 26, 1997. The ALJ found that the "gravamen" of the penalty request was "medical benefits." Therefore, the ALJ determined that the penalty claim is governed by the provisions of § 8-43-401(2)(a), C.R.S. 1998, and entered "summary judgment" in favor of the respondents on the request for the imposition of penalties under § 8-43-304(1). On review, the claimant contends the ALJ erred in finding that the claim is governed by § 8-43-401(2)(a). We disagree. Section 8-43-304(1) allows ALJs to impose penalties up to $500 per day for each day the insurer: "fails or refuses to perform any duty lawfully enjoined within the time prescribed by the director or panel, for which no penalty has been specifically provided, or fails, neglects, or refuses to obey any lawful order made by the director or panel . . .." Section 8-43-401(2)(a), which applies to claims...