IN THE MATTER OF THE CLAIM OF: ASHLEY GRIFFITH MALLOY, Claimant,
v.
CITY MARKET, Self-Insured Employer, Respondent.
W.C. No. 5-052-617-005
Colorado Workers Compensation
Industrial Claim Appeals Office
April 1, 2021
WITHERS SEIDMAN RICE MUELLER GOODBODY PC, Attn: SEAN E P
GOODBODY ESQ, (For Claimant)
RUEGSEGGER SIMONS & STERN LLC, Attn: CAROL A FINLEY ESQ,
(For Respondents)
ORDER
The
respondent seeks review of an order of Administrative Law
Judge Mottram (ALJ) dated October 19, 2020, that granted the
claimant’s petition to reopen and reserved all other
issues for future determination. We dismiss the
respondent’s petition to review without prejudice for
lack of a final order.
This
matter went to hearing on the issue of the claimant’s
petition to reopen. At the beginning of the hearing the
parties stipulated that if the claimant’s petition to
reopen was successful the respondent preserved the right to
respond to the whole person impairment rating pursuant to
§8-42-107(8)(c), C.R.S, including the ability to request
a Division Independent Medical Examination (DIME). After
hearing, the ALJ entered factual findings that for purposes
of review can be summarized as follows. The claimant worked
for this employer as an assistant grocery manager. She
sustained a compensable work injury on July 1, 2017[1], when she
felt a pop in her right knee while she was pushing a
bookshelf. The claimant sustained a second injury to her
right knee the same day when a co-worker kicked out the
claimant’s right knee causing the knee to buckle.
Dr.
McLellan treated the claimant conservatively and provided
work restrictions. The claimant was later diagnosed with a
labral tear of her left hip and underwent arthroscopic
surgery with Dr Scheffel. The claimant continued to treat
with Dr. Scheffel with complaints of left hip and low back
pain. Various medical providers evaluated the claimant for
these issues and reached differing conclusions concerning the
cause of the claimant’s complaints.
Dr.
Price eventually placed the claimant at Maximum Medical
Improvement (MMI) on October 23, 2019, and provided an 11...
