4-303-019 (1998). GREG BOHTE (Final Order 1).

• Case Date: December 14, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-303-019 (1998). GREG BOHTE (Final Order 1) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF GREG BOHTE, Claimant, v. AMERICAN CAR CARE CENTERS OF GRAND JUNCTION, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-303-019FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Martinez (ALJ) which denied his claim for additional temporary total disability benefits. We affirm. The claimant suffered a compensable low back injury in 1996. Dr. Cabanilla determined the claimant to be at maximum medical improvement (MMI) on February 25, 1997, and released the claimant to return to modified employment which did not require lifting over 35 pounds and pushing/pulling over 30 pounds. Dr. Cabanilla also recommended the claimant limit bending and stooping. In January 1998, the claimant's care was transferred to Dr. Woodyard. In a report dated February 24, 1998, Dr. Woodyard restricted the claimant to "minimal" bend/stoop and lifting less than 35 pounds. On February 26, 1998, Dr. Woodyard reported that the claimant's condition had worsened to the point that the claimant was no longer at MMI. Crediting the opinion of Dr. Woodyard, the ALJ found that the claimant was no longer at MMI as of February 26, 1998. However, the ALJ found that Dr. Woodyard's February 24 restrictions are "markedly similar, if not the same as," the restrictions imposed by Dr. Cabanilla at the time of MMI. Therefore, the ALJ determined the evidence is insufficient to prove the claimant's entitlement to further temporary disability benefits. In so doing, the ALJ expressly relied on City of Colorado Springs v. Industrial Claim Appeals Office, 954 P.2d 637 (Colo. App. 1997), cert. denied, May 11, 1998 (Colorado Springs). In Colorado Springs, the court held that a worsening of a condition after MMI does not entitle a claimant to additional temporary total disability benefits "unless the worsened condition caused an additional temporary loss of wages." Colorado Springs involved a claimant who suffered a compensable back injury. The back injury precluded the claimant from performing his regular employment, and therefore, the claimant was awarded temporary total disability benefits. Four months after reaching MMI, the claimant suffered a shoulder injury while receiving...