Opinion
W.C. No. 4-265-360
June 18, 1998
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Friend (ALJ), insofar as it determined he was not entitled to a change of physicians. We affirm.
The ALJ found the claimant sustained a compensable injury in April 1995. In an order dated October 10, 1996, the claimant's permanent impairment was determined to be eleven percent of the whole person.
Subsequently, in February 1997, the claimant experienced an increase in back pain. In March 1997, her attorney requested, by way of a FAX, that the respondent-insurer authorize a change in treating physician. An adjuster for the respondent-insurer denied the request by way of a FAX sent on March 12, 1997 to claimant's attorney. However, the FAX was not received by claimant's attorney. The claimant then sought a hearing on her entitlement to additional medical benefits and a change of physician.
At the hearing, the claimant took the position that the claim was never closed, but if it was, the matter should be reopened based on a worsened condition. The ALJ implicitly found the claim was closed. The ALJ also found the claimant failed to prove any causal relationship between the worsened condition and the 1995 injury, and denied the petition to reopen. Further, the ALJ concluded that, to the extent the issue was not moot, the respondent-insurer had timely denied the claimant's request for change of physician under § 8-43-404(5)(a), C.R.S. 1997.
On review, the sole issue raised by the claimant is that the ALJ erred in determining that the insurer timely denied the request for a change of physician. The respondents assert that, even if the claimant is correct, the issue is moot in light of the ALJ's determination that there is no causal relationship between the industrial injury and the need for treatment. We agree with the respondents.
An issue is moot when a determination of the issue can have no practical effect upon any existing controversy, and would not put an end to any uncertainty. Freedom from Religion Foundation, Inc. v. Romer, 921 P.2d 84 (Colo.App. 1986). Thus, the issue of the change of physician is moot if the claimant is not entitled to any medical benefits regardless of the identity of the authorized treating physician. See Mason Jar Restaurant v. Industrial Claim Appeals Office, 862 P.2d 1026 (Colo.App. 1993) (distinguishing issue of authorization from reasonableness and necessity for medical treatment).
Here, the ALJ has determined that if the claimant needs any medical treatment, the need for such treatment is not causally related to the industrial injury. Thus, the question of whether the respondents timely denied the claimant's March 1997 request for a change of physician can have no practical effect on this case, and the issue has been rendered moot by the ALJ's resolution of the causation issue.
IT IS THEREFORE ORDERED that the ALJ's order dated December 4, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ________________________________ Kathy E. DeanNOTICE This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed June 18, 1998 to the following parties:
Ida L. Rivale, 1620 W. 85th Ave., Apt. 101, Denver, CO 80221-5013
Beta Metals, Inc., 4975 Miller St., Wheat Ridge, CO 80033-2240
Carolyn A. Boyd, Esq., Colorado Compensation Insurance Authority — Interagency Mail
Roger Fraley, Jr., Esq., 517 E. 16th Ave., Denver, CO 80203 (For Claimant)
Faye Boyd, IME Coordinator, Division of Workers' Compensation — Interagency Mail
Brandee DeFalco Galvin, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For the Respondents)
By: __________________________________________________