4-285-028 (1998). RONALD P. BROOM.

Case DateOctober 23, 1998
CourtColorado
Colorado Workers Compensation 1998. 4-285-028 (1998). RONALD P. BROOM INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF RONALD P. BROOM, Claimant, v. THE WORTHINGTON, INC., Employer, and BUSINESS INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-285-028FINAL ORDER The respondents seek review of an order of Administrative Law Judge Gandy (ALJ) insofar as the ALJ awarded medical impairment benefits based upon 18 whole person medical impairment. We affirm. On January 30, 1996, the claimant suffered a work-related injury. He was initially treated for a superficial burn to his left hand and right shoulder pain. On May 30, 1997, Dr. Belleville placed the claimant at maximum medical improvement with 18 percent impairment of the right upper extremity. Dr. Pham performed an independent medical examination (IME) under the provisions of § 8-42-107(8)(c), C.R.S. 1998. Dr. Pham opined that the industrial injury caused 15 percent impairment of the claimant's right upper extremity, which Dr. Pham converted to 9 percent whole person impairment under the American Medical Association Guides to the Evaluation of Permanent Impairment, Third Edition (Revised) (AMA Guides). Dr. Pham also included 5 percent whole person impairment for reduced range of motion of the neck and 5 percent for mental impairment. Dr. Pham's total rating was 18 percent whole person impairment. The ALJ expressly acknowledged the conflicting medical evidence concerning the claimant's permanent physical and mental impairment. See (Corrected Summary Order, February 24, 1998). However, the ALJ credited the claimant's testimony and found Dr. Pham's opinions persuasive. Based upon these findings, the ALJ determined the respondents failed to sustain their burden to overcome Dr. Pham's medical impairment rating by "clear and convincing evidence" as required by § 8-42-107(8)(c). Consequently, the ALJ ordered the respondents to pay permanent partial disability benefits in accordance with Dr. Pham's 18 percent whole person impairment rating. On review the respondents contend that there is insufficient evidence the claimant suffered functional impairment beyond the right upper extremity. In support, the respondents rely on Dr. Belleville's opinion that the claimant has no rateable mental or cervical impairment. Therefore, the respondents argue the ALJ erroneously...

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