4-531-067 (2006). NORBERTO DAVILA, Claimant v. GENERAL CEILINGS and PARTITIONS, Employer (FINAL ORDER).

• Case Date: December 19, 2006
• Court: Colorado

Colorado Workers Compensation 2007. 4-531-067 (2006). NORBERTO DAVILA, Claimant v. GENERAL CEILINGS and PARTITIONS, Employer (FINAL ORDER) INDUSTRIAL CLAIM APPEALS OFFICE W. C. No. 4-531-067IN THE MATTER OF THE CLAIM OF NORBERTO DAVILA, Claimant v. GENERAL CEILINGS and PARTITIONS, Employer and TRUCK INSURANCE EXCHANGE, Insurer, Respondents.FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Mattoon (ALJ) dated July 17, 2006 that denied his petition to reopen. We affirm. The ALJ's pertinent findings of fact are as follows. The claimant sustained an admitted industrial injury to his low back on December 6, 2001. Dr. Bergland placed the claimant at maximum medical improvement (MMI) without permanent impairment on May 13, 2002. The claimant timely requested a Division-sponsored independent medical examination (DIME). The DIME physician's impression was chronic low back pain as well as depression. The DIME physician recommended aggressive treatment for the claimant's depression and possible treatment for the low back and so opined that the claimant was not at MMI. The parties agreed that Dr. Tyler would become the authorized treating physician and the claimant was also referred to a psychologist. Dr. Tyler placed the claimant at MMI on March 23, 2004 and assigned a 17 percent whole person permanent impairment rating for the low back and 6 percent whole person mental impairment rating. Dr. Tyler placed permanent work restrictions on the claimant related to his back condition which placed the claimant in the sedentary/light category of work. There were no work restrictions based on the mental health impairment. Dr. Tyler recommended medical benefits in the form of ongoing medical management for MMI for the claimant's pain medications and an additional six months of treatment with the psychologist for mental health issues. The respondents filed a final admission of liability on July 1, 2004, based on Dr. Tyler's report. The claimant has not worked since the date of injury and has not applied for any jobs as he believes that he cannot work due to his physical and psychological condition. A few days after the July 1, 2004 admission, the claimant returned to Dr. Tyler on July 5, 2004, stating that he had an overall worsening of his emotional status. He stated that he was upset because he had just received the settlement on his...