4-321-251 (1998). DANIEL BOONE (Final Order).
Case Date | August 21, 1998 |
Court | Colorado |
Colorado Workers Compensation
1998.
4-321-251 (1998).
DANIEL BOONE (Final Order)
INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DANIEL
BOONE, Claimant, v. WINSLOW CONSTRUCTION, Employer, and AMERICAN COMPENSATION
INSURANCE CO., Insurer, Respondents.W. C. No. 4-321-251FINAL
ORDER The claimant seeks review of a Supplemental Order issued by
Administrative Law Judge Gandy (ALJ). The claimant contends the ALJ erroneously
found that medical treatment for Trousseau's syndrome and cancer was not
compensable after February 26, 1997. The claimant also contests the ALJ's
consideration of a medical report. Finally, the claimant argues the ALJ was
without jurisdiction to enter the Supplemental Order. We affirm.
This matter was before us previously. In an order issued on
December 30, 1997, we set aside the ALJ's order dated June 19, 1997, and
remanded with directions to make "explicit findings of fact determining whether
the claimant's ankle injury aggravated or accelerated the development of
Trousseau's syndrome." We also stated that if the ALJ found a compensable
aggravation or acceleration, he should "determine the extent to which the
claimant's disability and ongoing need for treatment is a proximate and natural
result of that aggravation or acceleration." Our December 30 order contains an
extensive statement of the evidence, and we incorporate that statement here.
On February 7, 1998, the ALJ entered an order in response to our
Order of Remand. Both the claimant and respondents filed timely petitions to
review, and subsequently submitted briefs in support.
On April 29, 1998, the ALJ entered the Supplemental Order now in
dispute. Relying principally on the testimony of Dr. Garfield, the ALJ found
that, although the claimant's December 1996 industrial ankle injury aggravated
the claimant's "hypercoagulable state" and produced clinical Trousseau's
syndrome, that aggravation was not the proximate cause of the claimant's need
for treatment after February 26, 1997. Instead, the ALJ found that the
claimant's blood clotting disorder, attributable to Trousseau's syndrome and
his underlying cancer, "can, and does, occur without an intervening event or
trauma." Specifically, the ALJ stated that the "disseminated type of
coagulability seen in Trousseau's syndrome, with clots erupting at sites remote
from any point of physical trauma, is caused by an underlying cancer and
substance emitted by the cancer which circulate throughout the body so blood
vessels very distant from the original clot are affected." Hence, the ALJ
denied the claim for medical and...
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