4-250-881 (1998). AYALEW A. BEGIGU.

• Case Date: October 22, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-250-881 (1998). AYALEW A. BEGIGU INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF AYALEW A. BEGIGU, Claimant, v. CONAGRA, INC., Employer, and SELF-INSURED, Insurer, Respondent.W. C. No. 4-250-881FINAL ORDER The respondent seeks review of a final order of Administrative Law Judge Erickson (ALJ), which awarded temporary total disability benefits commencing September 2, 1997. The respondent contends the ALJ erred in finding that the claimant's wage loss after September 2 was to some degree caused by industrial the injury rather than the claimant's decision to quit employment. We affirm. On March 26, 1995, the claimant sustained a compensable injury which resulted in the amputation of several fingers on his left hand. In September 1995, a treating physician placed the claimant at maximum medical improvement (MMI) and assessed permanent impairment of thirty-four percent of the left upper extremity. The claimant sought a Division-sponsored independent medical examination (IME) for purposes of challenging the treating physician's determination of MMI. In a report dated May 5, 1997, the IME physician opined the claimant was suffering from a major depressive disorder including symptoms of "avoidance and social withdrawal." Thus, the IME physician stated the claimant was not at MMI and needed additional psychiatric treatment. Meanwhile, in May 1996, the claimant began psychiatric treatment with Dr. Darton. Dr. Darton believed the claimant suffered from depression as evidenced by disrupted sleep, memory loss, concentration loss, irritability, social withdrawal, anxiety, and occasional suicidal ideation. In a report dated April 24, 1997, Dr. Darton opined the claimant was "unable to work due to the extent of his injuries." In her deposition testimony, Dr. Darton stated the claimant's condition would interfere with his ability to deal with "confrontational personalities." (Darton depo. p. 28). Commencing in June 1996, the claimant obtained employment doing light custodial work for Temple Emanuel. On September 1, 1997, the claimant quit this employment due to a conflict with a co-worker. The issue presented to the ALJ was whether the claimant was entitled to temporary total disability benefits commencing September 2, 1997. The ALJ found that the claimant was "at fault" for the loss of his...