June 18, 2019

Colorado Supreme Court: MMI Not Statutorily Significant Where No Final Admission of Liability Filed

The Colorado Supreme Court issued its opinion in Harman-Bergstedt, Inc. v. Loofbourrow on Monday, January 27, 2014.

Workers’ Compensation—Temporary Total Disability Benefits—Maximum Medical Improvement—Final Admission of Liability—Division-Sponsored Independent Medical Examination.

Harman-Bergstedt, Inc. and its insurer sought review of a court of appeals’ judgment reversing a decision of the Industrial Claim Appeals Office (Panel). The Panel had disallowed claimant’s award of total temporary disability (TTD) benefits, reasoning that once her treating physician placed her at maximum medical improvement (MMI), notwithstanding the failure of her injury to result in any work loss, TTD benefits could not be awarded for the injury for which she initially had been treated in the absence of a division-sponsored independent medical examination (DIME) challenging that placement. The court of appeals found that under the unique circumstances of this case—including the fact that claimant had never been awarded TTD benefits and her employer had never filed a final admission of liability from which the statutory window for seeking a DIME could be measured—a DIME was not a prerequisite to an award of TTD benefits.

The Supreme Court affirmed the court of appeals’ judgment. The Court held that because a determination of MMI has no statutory significance with regard to injuries resulting in the loss of no more than three days or shifts of work time, claimant’s award of TTD benefits was not barred by her failure to first seek a DIME.

Summary and full case available here.

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