Opinion
July 10, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
Hemminger, McKendree, Vamos & Elliott, P.C., James E. Elliott, Jr., Denver, for respondents Electron Corp. and Travelers Indemnity Co.
Hoyman, Maguire, Davies & Nanney, P.C., John Hoyman, Denver, for petitioner.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for respondent Industrial Commission.
SILVERSTEIN, Chief Judge.
Claimant, Haddock, sought compensation before the Industrial Commission for injuries resulting from an admitted industrial accident which occurred on January 22, 1971, while he was employed by respondent Electron Corporation. On November 29, 1971, a referee found that claimant had reached maximum improvement on November 8, 1971, and had sustained permanent disability of 3% As a working unit, and awarded compensation benefits in accord therewith. Claimant appeals from the final order of the commission which affirmed and adopted the referee's order, on the grounds that the award of permanent partial disability benefits was based on no evidence and that claimant was precluded from offering any evidence relating to the degree of his permanent disability. We affirm the order.
Four separate hearing were held before the referee. At the first hearing, testimony was limited, by stipulation, to matters relative to temporary total disability. However, at the start of the second hearing, counsel for respondent requested that testimony be elicited 'on all issues, temporary total and permanent partial.' Counsel for claimant did not object and the hearing proceeded on that basis. There was also no limitation of issues or evidence in the two subsequent hearings.
Claimant's treating physician testified at two of the last three hearings. In all five doctors testified at these hearings, four of whom has submitted one or more written reports which were admitted into evidence. One doctor was of the opinion that further treatment, including surgery, was needed. The evidence of three other doctors showed that in their opinion maximum recovery had been reached prior to the last hearing, held on November 17th, 1971. The range of permanent disability expressed by these doctors varied from minimal to six percent. The fifth doctor was not asked for an opinion on this issue.
The record shows that there was ample evidence to support the findings of the referee relative to the date of maximum improvement and the degree of permanent partial disability; that the stipulation limiting evidence to total temporary disability was applicable only for the first hearing; and that claimant was not precluded from offering evidence on these issues at the last three hearings. Under these circumstances the order of the commission will not be disturbed. Industrial Commission v. Colorado Fuel & Iron Corp., 135 Colo. 307, 310 P.2d 717.
Order affirmed.
DWYER and ENOCH, JJ., concur.