4-285-028 (1998). RONALD P. BROOM.
Case Date | October 23, 1998 |
Court | Colorado |
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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