4-285-320 (1998). GUSTAVO LOZANO.
Case Date | August 03, 1998 |
Court | Colorado |
Colorado Workers Compensation
1998.
4-285-320 (1998).
GUSTAVO LOZANO
INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF GUSTAVO
LOZANO, Claimant, v. FRONT RANGE REBAR CO., INC., Employer, and COLORADO
COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-285-320FINAL ORDER The claimant seeks review of a final order of Administrative Law
Judge Gandy (ALJ), which barred the claimant's right to temporary disability
benefits based on his failure to attend a Division-sponsored independent
medical examination (IME). The claimant also seeks review of an underlying
order of Prehearing Administrative Law Judge Muramoto (PALJ Muramoto), which
required him to attend the Division-sponsored IME, and granted the respondents'
motion for a protective order. We reverse the ALJ's order insofar as it
terminated the claimant's right to receive temporary benefits, and otherwise
dismiss the petition to review without prejudice.
This case has a complex procedural history. A review of that
history in necessary to an understanding of the issues.
In November 1996, the treating physician placed the claimant at
maximum medical improvement (MMI) and assessed a seventeen percent whole person
medical impairment rating. On November 14, 1996, the respondents requested a
Division-sponsored IME on the issue of permanent impairment. In accordance with
procedures established by the Division of Workers' Compensation (Division), Dr.
McLaughlin, a physiatrist, was selected to conduct the IME.
On December 12, 1996, the claimant filed with the Division a
pleading entitled "Motion Opposing IME Panel Selection." Essentially, this
motion asserted the claimant did not receive notice of the respondents' request
for an IME, and that orthopedic physicians rather than physiatrists should have
comprised the panel. However, on December 27, 1996, PALJ Purdie denied
claimant's motion and "allowed" the IME to proceed.
On January 9, 1997, the claimant filed an application for
hearing, and he listed the issues as "Propriety of IME Panel Selection,
jurisdiction of Pre-hearing Administrative Law Judges." A hearing on these
issues was apparently scheduled for May 7, 1997.
On April 15, 1997 a prehearing conference was held before PALJ
Muramoto. Counsel for claimant declined to attend the prehearing conference,
and the conference proceeded without him.
On April 18, 1997, PALJ Muramoto entered two orders. The first
order, entitled "Pre-hearing Order," granted the respondents' motion to compel
the claimant to attend an IME with Dr. McLaughlin scheduled for June 10, 1997.
In support, the order notes the claimant failed to attend an IME with Dr.
McLaughlin on January 28, 1997. The order also granted the respondents' motion
for protective order concerning discovery. PALJ Muramoto ruled that
interrogatories which the claimant propounded to the respondents were not
submitted in a timely fashion, and were "over broad, unduly burdensome, and
largely irrelevant." Generally, these interrogatories concerned the
respondent-insurer's (CCIA) "SelectNet" medical system and possible bias
stemming from Dr. McLaughlin's participation in the system. In a second order
of April 18, PALJ Muramoto denied the...
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