4-534-398 (2003). ELIZABETH TOLEDO-ZAVALA (Order of Remand).

• Case Date: November 14, 2003
• Court: Colorado

Colorado Workers Compensation 2003. 4-534-398 (2003). ELIZABETH TOLEDO-ZAVALA (Order of Remand) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF ELIZABETH TOLEDO-ZAVALA, Claimant, v. EXCEL CORPORATION, Employer, and CARGILL, INC., Insurer, Respondents.W. C. No. 4-534-398 and 4-534-399ORDER OF REMAND In these consolidated workers' compensation cases the claimant seeks review of an order of Administrative Law Judge Felter (ALJ), dated July 16, 2003, which "denied and dismissed" all claims for workers' compensation benefits in W.C. No. 4-534-398. We set the order aside and remand for further proceedings. The procedural history of this case prior to the ALJ's order of July 16, 2003, is set forth in our Final Order of February 3, 2003. In that order we affirmed an award of benefits in W.C. No. 4-534-399, a claim for a January 2002 injury to the claimant's left upper extremity. However, in W.C. No. 4-534-398, a claim for injuries to the claimant's abdomen and back on July 12, 2001, we set aside the ALJ's award of temporary total disability (TTD) and medical benefits for treatment of the claimant's back. Our statement of the facts from the February 3 order is incorporated herein. With respect to the claim for benefits in W.C. No. 4-534-398, we agreed with the respondents' argument that the ALJ exceeded his jurisdiction by overturning the finding of an authorized treating physician, Dr. Thiel, that the claimant reached maximum medical improvement (MMI) on July 26, 2001, and, contrary to the claimant's contention, that the back pain was un related to the industrial injury. We specifically held the determination of MMI requires the treating physician to determine which conditions are causally-related to the industrial injury, and that the ALJ lacks authority to resolve a dispute concerning a treating physician's finding of MMI unless it has been subjected to a Division-sponsored independent medical examination (DIME). See Town of Ignacio v. Industrial Claim Appeals Office, 70 P.3d 513 (Colo. App. 2002); Cordova v. Industrial Claim Appeals Office, 55 P.3d 186 (Colo. App. 2002). However, we did not dismiss the claims for TTD benefits and medical benefits to treat the claimant's back condition. As to these issues, we held the question of whether the back condition is related to the industrial injury "is within the scope of...