4-333-727 (1998). DAVID A. BRINEGAR.

• Case Date: September 17, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-333-727 (1998). DAVID A. BRINEGAR INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DAVID A. BRINEGAR, Claimant, v. DALECTEL NETWORK SYSTEMS CORPORATION FINAL ORDER Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-333-727The pro se claimant seeks review of an order of Administrative Law Judge Atencio (ALJ) which denied medical benefits. We affirm. Based upon the testimony presented at a hearing on October 23, 1997, the ALJ found that the claimant suffered a work-related injury to his knee on March 27, 1997. The ALJ further found that the employer referred the claimant to the Swedish Medical Center for treatment. Therefore, the ALJ determined that the Swedish Medical Center is the authorized provider for treatment of the industrial injury. However, the claimant did not seek treatment at the Swedish Medical Center. Instead, the claimant obtained treatment at the Denver Health Center. Under these circumstances, the ALJ concluded that the respondents are not liable for the medical expenses incurred by the claimant at the Denver Health Center. All other issues were expressly reserved for future determination. On review, the claimant alleges that the evidence is insufficient to support the ALJ's finding that the employer authorized treatment at the Swedish Medical Center. In support, the claimant contends that the employer's witnesses lied about their conversations with him and that their testimony is incredible as a matter of law. We reject this argument. The respondents are only liable for emergency and authorized medical treatment. Sims v. Industrial Claim Appeals Office, 797 P.2d 777 (Colo. App. 1990). Further, § 8-43-404(5), C.R.S. 1998, affords the respondents a statutory right to select the authorized treating physician. Once the employer has designated a treating physician, the claimant may not change physicians without approval from the insurer or the ALJ. Pickett v. Colorado State Hospital, 32 Colo. App. 282, 513 P.2d 228 (1973); Sims v. Industrial Claim Appeals Office, supra. The ALJ did not find, and the claimant does not allege that he obtained "emergency" treatment from the Denver Health Services. Furthermore, on direct examination the claimant admitted that the employer instructed him to go to the Swedish Medical Center for...