4-259-428 (1998). DEBORAH MOORE.

• Case Date: July 17, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-259-428 (1998). DEBORAH MOORE INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DEBORAH MOORE, Claimant, v. COMMUNITY HOSPITAL ASSOCIATION, Employer, and SELF-INSURED, Insurer, Respondent.W. C. No. 4-259-428 FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Rumler (ALJ) which awarded permanent partial disability benefits based upon medical impairment of 22 percent of the whole person. We affirm. The claimant suffered a compensable back injury on June 10, 1995. Dr. Haskew opined the claimant sustained permanent medical impairment of 25 percent of the whole person based on the American Medical Association Guides to the Evaluation of Permanent Impairment, Third Edition, Revised, (AMA Guides). Specifically, Dr. Haskew opined the claimant suffered 13 percent loss of range of motion in the lumbar spine, 3 percent neurological impairment due to a loss of sensation and strength in the lower extremity and 10 percent impairment under Table 53 for a specific disorder of the lumbar spine. The claimant subsequently underwent a Division-sponsored independent medical examination (IME) under the provisions of § 8-42-107(8)(c), C.R.S. 1997. Under that statute the IME physician's medical impairment rating is binding unless overcome by "clear and convincing evidence." Dr. Shih, the IME physician, opined the claimant sustained 10 percent impairment under Table 53 of the AMA Guides, 5 percent mental impairment, and 2 percent neurological impairment. Dr. Shih also conducted two sets of range of motion tests. Based upon the second set of measurements, Dr. Shih included a 7 percent rating for impaired range of motion. Dr. Shih rated the claimant's total impairment as 22 percent of the whole person. The claimant objected to Dr. Shih's rating and applied for a hearing on the issue of permanent impairment. At the hearing, claimant testified that she is a physical therapist, who has been trained by Beth Schlicter to do inclinometer measurements. The claimant stated that Dr. Shih did not perform the range of motion tests as she was taught. She also stated that she believed Dr. Shih did not accurately measure her range of motion because he obtained the measurements quickly and did not immediately write down the results. Ms. Schlicter testified that she conducted range of...