4-321-251 (1998). DANIEL BOONE (Final Order).

Case DateAugust 21, 1998
CourtColorado
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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