4-343-955 (1998). GLORIA J. MANARIK.

• Case Date: October 09, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-343-955 (1998). GLORIA J. MANARIK INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF GLORIA J. MANARIK, Claimant, v. KEEBLER COMPANY, Employer, and GALLAGHER BASSETT SERVICES, INC., Insurer, Respondents.W. C. No. 4-343-955 FINAL ORDER The respondents seek review of an order of Chief Administrative Law Judge Felter (ALJ) which required them to pay temporary disability benefits from October 5, 1997 through November 14, 1997. We affirm. It is undisputed that the claimant suffered a compensable left wrist injury on April 15, 1997, and that Dr. Noel and Dr. Heyman are authorized treating physicians. The ALJ found that Dr. Noel placed the claimant at maximum medical improvement (MMI) on September 4, 1997, but instructed the claimant to follow-up with Dr. Heyman for further treatment. The ALJ found that the claimant continued to work and as she worked her left wrist problems worsened. The claimant received treatment for the worsened condition from her family physician and Dr. Scott, and the ALJ found that this treatment improved the claimant's condition. The ALJ also found that the claimant's family physician removed the claimant from work commencing October 5, 1997, and that Dr. Scott did not release the claimant to return to her regular work until November 14, 1997. The ALJ determined that under these circumstances, the claimant was not at MMI between October 5 and November 14, 1997, and granted the claimant's request for temporary total disability benefits. On review, the respondents note that neither party requested a Division-sponsored independent medical examination (IME) to dispute Dr. Noel's finding of MMI. Therefore, the respondents contend, the ALJ exceeded his authority in determining that the claimant was not at MMI. We disagree. Section 8-42-105(3)(a), C.R.S. 1998, provides that temporary disability benefits terminate when "the employee reaches maximum medical improvement." The claimant's arguments notwithstanding, the determination of MMI for purposes of terminating benefits under § 8-42-105(3)(a) is governed by the statutory language currently codified at § 8-42-107(8)(b), C.R.S. 1998. Monfort Transportation v. Industrial Claim Appeals Office, 942 P.2d 1358 (Colo. App. 1997) Blue Mesa Forest v. Lopez, 928 P.2d 831 (Colo. App. 1996); Colorado AFL-CIO v. Donlon, 914 P.2d...