4-265-034 (1998). TIMOTHY BACA.

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

Colorado Workers Compensation 1998. 4-265-034 (1998). TIMOTHY BACA INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF TIMOTHY BACA, Claimant, v. HUMAN RESOURCE COMPANY, Employer, and LIBERTY MUTUAL INSURANCE COMPANY, Respondent.W. C. No. 4-265-034FINAL ORDER The respondents seeks review of an order of Administrative Law Judge Atencio (ALJ), imposing penalties of one hundred dollars per day based on the respondents' failure to file an admission of liability for whole person medical impairment benefits in accordance with Rule of Procedure IV (N) (5), 7 Code Colo. Reg. 1101-3 at 6.03. The respondents argue that the rule did not require them to file an admission of liability for whole person medical impairment benefits because they had already filed an admission for scheduled medical impairment benefits. We modify the order, and as modified affirm it. In September 1994 the claimant sustained and industrial injury which ultimately caused impairment of both knees. The claimant also suffered depression as a result of the injury. Dr. Schmeh, the primary treating physician, placed the claimant at maximum medical improvement (MMI) on September 18, 1997. He also referred the claimant to Dr. Reichhardt to rate the claimant's physical impairment, and to Dr. Entin to rate the claimant's psychological impairment. It is undisputed that all three physicians were authorized and level II accredited. On August 28, 1997, Dr. Reichhardt issued a physical impairment rating for the claimant's lower extremities and converted these ratings to an eleven percent whole person impairment. He also and stated that "any additional work related psych impairment would be combined with this." The respondent-insurer (Liberty) received Dr. Reichhardt's report on September 11, 1997. Utilizing this report, Liberty filed a Final Admission of Liability on September 24, 1997, and admitted liability for scheduled impairments of both lower extremities. Meanwhile, on September 22, 1997, Dr. Entin issued a report rating the claimant as suffering a four percent whole person psychiatric impairment. However, Dr. Entin apportioned two percent of the impairment to what he believed were non-industrial factors. Liberty received Dr. Entin's report on October 3, 1997. On October 23, 1997, Dr. Schmeh issued a report stating the claimant sustained an "11% whole body...