4-258-106 (1998). MARIE M. BOHN.

• Case Date: October 19, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-258-106 (1998). MARIE M. BOHN INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF MARIE M. BOHN, Claimant, v. WINDSOR HEALTH CARE, Employer, and INSURANCE CO. OF THE STATE OF PENNSYLVANIA, Insurer, Respondents.W. C. No. 4-258-106FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Gandy dated March 16, 1998. We affirm. The claimant sustained an admitted low back injury on May 25, 1995, which was treated by Dr. Bradley. The claimant treated with Dr. Bruns for the psychological effects of the injury. On November 7, 1995, Dr. Bradley placed the claimant at maximum medical improvement (MMI). Dr. Bronstein conducted a Division-sponsored independent medical examination (IME) under the provisions of § 8-42-107(8), C.R.S. 1998. Dr. Bronstein agreed with Dr. Bradley's opinion that the claimant reached MMI in November 1995. Dr. Bronstein also rated the claimant's permanent medical and mental impairment from the injury as 18 percent of the whole person. In so doing Dr. Bronstein agreed with Dr. Bruns' opinion that all but 30 percent of the claimant's mental impairment is attributable to a pre-existing condition. On her own, the claimant was examined and treated by Dr. Medelman, who opined the claimant is not at MMI from the psychological injury. Dr. Medelman also disagreed with Dr. Bronstein's apportionment of mental impairment. The claimant filed an Application for Hearing on several issues. However, at the commencement of the hearing on February 18, 1998, claimant's counsel stated that the issues were MMI, apportionment of mental impairment and authorization of Dr. Medelman's treatment. Crediting the opinions of Dr. Bronstein and Dr. Bruns, the ALJ found that the claimant failed to sustain her burden to overcome Dr. Bronstein's finding of MMI. Furthermore, the ALJ determined that the difference of opinion between Dr. Medelman and Dr. Bronstein does not rise to the level of "clear and convincing evidence" that Dr. Bronstein incorrectly apportioned the claimant's mental impairment. Moreover, the ALJ found that the claimant was referred to Dr. Medelman by her attorney and not an authorized treating physician. Consequently, the ALJ determined that Dr. Medelman's treatment was not authorized, and is not a compensable medical benefit. The claimant's Petition to Review...