Opinion
W.C. No. 4-647-923.
February 8, 2008.
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Felter (ALJ) dated August 28, 2007, that awarded permanent total disability and medical benefits including reasonably necessary treatment for claimant's left shoulder condition. We affirm the award of permanent total disability benefits but reverse the award of medical benefits to the extent that it includes treatment for the claimant's left shoulder condition.
The respondents contend that the ALJ erred in finding that the claimant suffered an industrial injury to her left shoulder and awarding medical benefits related to the claimant's left shoulder. We agree.
Due process contemplates advance notice of both the legal and factual issues to be litigated. Cf Monarrez v. Industrial Claim Appeals Office, 835 P.2d 607 (Colo.App. 1992) (interpreting requirement of "fair hearing" in context of unemployment compensation); Sands v. Industrial Claim Appeals Office, 801 P.2d 12 (Colo.App. 1990). Consequently, as the respondents have pointed out, we have previously held that respondents are entitled to prior notice that the issue of liability for specific types of treatment will be considered. Ware v. Hewlitt Packard, W.C. No. 3-887-141 (May 18, 1992); Riley v. Mile High Honda January 02, 2003, W. C. No. 4-486-242.
The claimant concedes that the issues of an industrial injury to the claimant's left shoulder and medical benefits connected with the left shoulder were neither endorsed for hearing nor litigated by consent. In ruling on an objection during the hearing, the ALJ agreed that the relatedness of the left shoulder to the compensable injury was not at issue at the hearing. Tr. 11. However, in the written order the ALJ found the left shoulder was causally related to the industrial injury and he awarded corresponding medical benefits. Findings of Fact § 17 at 5 Order § D at 9.
Under these circumstances, we agree with the respondents that they were not afforded adequate notice that the ALJ would consider whether the claimant suffered an industrial injury to her left shoulder and her entitlement to medical benefits for her left shoulder condition. Consequently, we must set aside the ALJ's determination that the claimant suffered an industrial injury to her left shoulder and his award of medical benefits for her left shoulder condition.
IT IS THEREFORE ORDERED that the ALJ's order issued August 28, 2007, is reversed insofar as it determined the claimant suffered an industrial injury to her left shoulder and awards medical benefits for that condition. In all other respects, the ALJ's order is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
_______________________ Curt Kriksciun
_______________________ Thomas Schrant
LUPE LUCAS, PUEBLO, CO, (Claimant).
ST. MARY CORWIN HOSPITAL, Attn: RUDY KRASOVEC, DIRECTOR, C/O: HUMAN RESOURCES, PUEBLO, CO, (Employer).
PPIC % AIMS, Attn: JANE MADSEN,, ERLANGER, KY, (Insurer).
STEVEN U MULLENS, PC, Attn: JAMES A MAY, ESQ., PUEBLO, CO, (For Claimant).
RITSEMA LYON, PC, Attn: SUSAN K REEVES, ESQ., COLO SPGS, CO, (For Respondents).
ST. MARY CORWIN HOPITAL, Attn: DEBI STOREY, PUEBLO, CO, (Other Party).