April 20, 2019

Colorado Court of Appeals: Workers’ Compensation Issue of Grover Medical Benefits was Reserved for Future Determination and Not Waived

on September 15, 2011.

Workers’ Compensation—Grover Medical Benefits—Waiver.

In this workers’ compensation proceeding, Hire Quest, LLC and its insurer, Ace American Insurance (collectively, employer), sought review of a final order of the Industrial Claim Appeals Office (Panel) determining that claimant was entitled to ongoing medical treatment after the date of maximum medical improvement (MMI). The order was affirmed.

In 2007, claimant sustained work-related injuries in a motor vehicle accident. The treating physician determined that claimant was at MMI in 2008, and a physician performing a division-sponsored independent medical examination (DIME) agreed. The DIME physician also issued an impairment rating and recommended further treatment. The first administrative law judge (ALJ) did not address the issue of Grover medical benefits [see Grover v. Indus. Comm’n, 759 P.2d 705 (Colo. 1988)], but a second ALJ later awarded claimant Grover medical benefits.

Employer argued that the Panel erred in rejecting its contention that claimant waived the issue of Grover medical benefits by not requesting them at the time permanent disability was heard. Although the issue of Grover medical benefits was not expressly decided in the first ALJ’s order, the ALJ’s initial award expressly reserved other issues for future determination. Accordingly, the issue of Grover medical benefits was reserved for future determination and therefore not waived by claimant.

This summary is published here courtesy of The Colorado Lawyer. Other summaries for the Colorado Court of Appeals on September 15, 2011, can be found here.

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