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Kroupa v. ICAO, 01CA2088 (July 18, 2002): Claimant sustained a compensable knee injury, for which she received multiple surgeries. When claimant requested authorization of a third surgery to remove scar tissue, employer refused. Claimant underwent the procedure and requested reimbursement. Over claimant's objection, an evidentiary hearing was held by video teleconferencing. The administrative law judge (ALJ) conducted the hearing from Denver in the presence of respondents' counsel while claimant and her attorney were in Durango. The ALJ concluded that the additional surgery was not necessary or reasonable, and that employer had properly refused authorization. Claimant appealed. The court of appeals affirmed, and held that nothing in the Workers' Compensation Act or Rules of Procedure prohibits the ALJ from conducting a hearing by video teleconferencing. Video teleconferencing did not deny claimant her procedural due process or equal protection rights. It also furthered the state's interest in speedy and efficient resolution of claims. Claimant had a reasonable opportunity to present evidence and argument in support of her position. The court stated that even if video teleconferencing is used more often when a claimant lives far from Denver, the potential fiscal savings and increased efficiency arising from its use is a legitimate governmental purpose for using this procedure, thus satisfying the rational basis test for equal protection.
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