In re Claim of Tully, 020921 COWC, 5-062-753-001

Docket Nº:W.C. 5-062-753-001
Case Date:February 09, 2021
Court:Colorado
IN THE MATTER OF THE CLAIM OF: TAMRA TULLY, Claimant,
v.
SOUTHWEST HEALTH SYSTEMS, INC.[1] Employer,
and
CHA TRUST, Self-Insured, Respondents.
W.C. No. 5-062-753-001
Colorado Workers Compensation
Industrial Claim Appeals Office
February 9, 2021
          CRANE AND TEJADA PC, Attn: BETHIAH BEALE CRANE ESQ, (For Claimant)           RITSEMA & LYON PC, Attn: CRAIG CAMPOS ESQ, (For Respondents)          FINAL ORDER          The claimant seeks review of an order of Administrative Law Judge Sidanycz (ALJ) dated September 14, 2020, that granted the respondents’ motion for summary judgment denying and dismissing the issues of: medical benefits, authorized provider, reasonably necessary, average weekly wage, temporary total disability, temporary partial disability, and maximum medical improvement (MMI). We affirm the ALJ’s order          The ALJ ruled on the respondents’ motion for summary judgment and therefore did not hold a hearing. The following facts are not in dispute. The claimant sustained a work-related injury on January 6, 2017 The respondents filed a Notice and Proposal to Select an Independent Medical Examiner for a 24-month Division IME (DIME). The DIME with Dr. Robert Watson took place on January 7, 2020. The DIME physician placed the claimant at MMI as of February 21, 2017, with no permanent impairment. The respondents filed a final admission of liability on February 19, 2020, consistent with the DIME physician’s report. The final admission denied post-MMI maintenance care and noted an overpayment amount of $32,408.08. The claimant contends that the remarks section of the final admission states “Respondents will take credit for the existing overpayment of the $32,408.08 against future benefits, if any.” The complete final admission of liability is not in the record on review.          Based on the final admission date of February 19, 2020, the claimant’s deadline to file an objection to the final admission and an application for hearing was March 20, 2020. However, during a telephone call with the claimant’s counsel, the respondents granted a 30-day extension of time for the claimant to respond to the final admission. The claimant filed an objection to the final admission and a notice of contest with a brief list of the contested issues on March 20, 2020. Respondents’ Exhibit B.[2] The claimant did not file an application for hearing prior to the April 20, 2020, deadline. As of the date of the ALJ’s order, the claimant has not filed an application for hearing on the February 19, 2020, final admission.          The respondents filed an application for hearing on June l7, 2020, endorsing the issue, “Respondents seek an Order for repayment of the overpayment claimed on the February 19, 2020 Final Admission of Liability.” The claimant filed a response to application for hearing on July 2, 2020, endorsing: medical benefits, authorized provider, reasonably necessary, average weekly wage, temporary total disability, temporary partial disability, maximum medical improvement, and the respondents’ attempt to collect the overpayment.          The respondents filed a motion for summary judgment asking that the claimant’s issues of medical benefits, authorized provider, reasonably necessary, average weekly wage, temporary total disability, temporary partial disability, and MMI, be stricken because the claim was closed by the February 19, 2020, final admission of liability when the claimant failed to timely file an application for hearing on the disputed issues. The respondents attached exhibits A-D to the motion for summary judgment. The exhibits included page 3 of the February 19, 2020, final admission, the claimant’s March 20, 2020 objection, the June 17, 2020, application for hearing and the claimant’s July 2, 2020 response. ...

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