Cordova v. ICAO, 01CA852 (February 28, 2002): Claimant, represented by attorney Chris Ingold, sustained a compensable back injury on April 9, 1996. Claimant was placed at maximum medical improvement (MMI) and given a 16% whole person impairment rating in 1997.  Respondents filed an uncontested final admission of liability (FAL) based upon the rating and the claim was closed.
In 1999, claimant filed a petition to reopen his claim based upon a worsening of condition. Claimant alleged that he needed lumbar fusion surgery and that he suffered from deep venous thrombosis (DVT) (blood clotting) as a result of physical inactivity. Claimant obtained a Division of Workers' Compensation independent medical examination (DIME). The DIME physician opined that claimant was no longer at MMI and that the DVT was related to the industrial injury.
Following a hearing, the administrative law judge (ALJ) denied the petition to reopen. The ALJ held that claimant failed to prove his condition worsened due to the industrial injury, that surgical intervention was not reasonable or necessary, and that the DVT was merely "super-imposed" upon the compensable condition. The ALJ did not give presumptive effect to the DIME physician's opinions. ICAO upheld the ALJ's denial.
The court of appeals affirmed. The court rejected claimant's argument that the ALJ was required to give presumptive effect to the DIME. The court held that the issues of MMI and medical impairment were closed by the uncontested FAL and not subject to further litigation unless reopened. The court held that the pertinent issue at the hearing on the petition to reopen was whether claimant suffered a deterioration of his condition that justifies additional benefits, not whether the original MMI determination was correct. Thus, the opinion of a DIME physician concerning whether a claimant's condition has worsened carries no special weight and need not be overcome by clear and convincing evidence.
The court noted that the Workers' Compensation Act is silent regarding whether a DIME is available after closure of a claim. However, because a DIME was obtained in this case, the court did not consider the issue of whether claimant was actually entitled to the DIME. The court also rejected claimant's assertions that the failure to give special weight to the DIME violated his right to equal protection and violated the Americans with Disabilities Act.

Effective July 1, 1999, the Colorado legislature amended § 8-42-107(7), C.R.S., which addresses scheduled and nonscheduled injuries resulting from the same industrial injury. For injuries on or after 7/1/99, if a claimant has both scheduled and nonscheduled injuries, the permanent partial disability benefits for scheduled injuries are compensated under the schedule located at § 8-42-107(2), C.R.S., and nonscheduled injuries are compensated as medical impairment benefits (i.e., whole person). For scheduled injuries before 7/1/99, the weekly rate is $150. From 7/1/99 to 6/30/00, the rate is $176. From 7/1/00 to 6/30/01, the rate is $186.24. For injuries on or after 7/1/01, the rate is $203.28 per week. If the claimant's injury occurred prior to 7/1/99, and it includes both scheduled and nonscheduled injuries, the scheduled injury must be converted to a whole person rating and combined with the nonscheduled injury. For conversion rates, please refer to the AMA Guides to the Evaluation of Permanent Impairment, 3^rd Ed. (Revised), page 16 (upper extremity conversions) and page 72 (lower extremity conversions).