Opinion
March 7, 1972.
Editorial Note:
This case has been marked 'not for publication' by the court.
Alious Rocket, R. S. Ferguson, Denver, for respondents Bestway Building Centers and State Compensation Insurance Fund.
Ashen & Fogel, George T. Ashen, Denver, for petitioner.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for respondent Industrial Comm. of Colo.
COYTE, Judge.
Petitioner cantu brings this appeal from an order of the Industrial Commission of Colorado denying his petition to reopen.
Petitioner suffered a back injury in December of 1960 for which he received temporary total disability benefits and subsequent medical expenses. Following a hearing in November 1961, he received a lump sum settlement based upon permanent partial disability of five percent as a working unit. He was injured again in 1962 and received expenses for surgery, temporary total disability benefits, and an additional permanent partial disability award for which he receive a lump sum settlement. The total permanent partial disability which has been awarded to him amounts to 25%. Since December 1968, he has filed five petitions to reopen his claim. Each petition has been denied. Petitioner appeals from the last denial, alleging that such denial constituted an abuse of discretion.
Pursuant to 1969 Perm.Supp., C.R.S.1963, 81--14--19, the director may, in his discretion, reopen a previous award. In the absence of fraud or a clear abuse of discretion, his decision is absolute. Hoover v. Industrial Commission, 156 Colo. 147, 397 P.2d 223. If the petition to reopen does not present at least a prima facie showing of grounds for review, the director is not required to hold hearings to determine the validity of the facts alleged if in his opinion the facts, even if true, would not present a basis for modifying a final award. Service Supply Co. v. Vallejos, 169 Colo. 14, 452 P.2d 387.
The medical letters submitted in support of petitioner's last petition to reopen indicated, at best, a rating of 25% Permanent partial disability with the possibility of diminishing the disability if further treatment be undertaken. According to the showing made by the medical reports attached to the petition, no further relief could have been granted to petitioner even if his claim had been reopened. The Commission did not abuse its discretion when it refused to reopen petitioner's claim.
Order affirmed.
PIERCE and SMITH, JJ., concur.