4-351-350 (1998). WILLIAM YECK.

• Case Date: December 02, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-351-350 (1998). WILLIAM YECK INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF WILLIAM YECK, Claimant, v. NATIONAL BAROMEDICAL SERVICES, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-351-350FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Gandy (ALJ) dated April 21, 1998. The claimant contends the ALJ erred insofar as he determined that Dr. Cobb and the providers to whom he referred the claimant are not authorized treating physicians. We affirm. The claimant filed a workers' compensation claim alleging a back injury. The respondents filed a Notice of Contest which denied liability for the injury. The ALJ's pertinent findings of fact may be summarized as follows. The claimant suffered a compensable back injury on December 23, 1996. The employer referred the claimant to the emergency room of the Poudre Valley Hospital for treatment. The claimant obtained follow-up treatment from the Occupational Health Services (OHS) component of the Poudre Valley Hospital, and OHS is an authorized provider. OHS placed the claimant at maximum medical improvement (MMI) in January 1997. The claimant subsequently continued to experience pain and symptoms from the industrial injury. However, instead of returning to OHS for further treatment, the claimant discussed his injury with Dr. Cobb who referred him to Dr. Coester for treatment. On December 29, 1997, Dr. Coester performed surgery. The ALJ further found that neither the respondents nor OHS referred the claimant to Dr. Cobb or Dr. Coester. Therefore, the ALJ determined that Dr. Cobb and the providers to whom he referred the claimant are not authorized treating physicians. In addition the ALJ determined that there was no refusal to treat by OHS. Consequently, the ALJ denied the claimant's request for a change of physician and concluded that the respondents are not liable for Dr. Coester's treatment. On review, the claimant recognizes that § 8-43-404(5), C.R.S. 1998, affords the respondents a statutory right, in the first instance, to select a physician to treat the industrial injury, and that the right of first selection does not pass to the claimant unless the respondents fail to provide a physician willing to treat the injury. Section 8-43-404(5) also provides that the...