Hanna v. Print Expediters Inc., 02CA2237 (June 5, 2003): Employer applied for a hearing to contest a Division-sponsored independent medical examination (DIME) regarding claimant's impairment from an industrial injury. Claimant did not endorse any additional issues. After a hearing, the administrative law judge (ALJ) issued an order that awarded permanent disability benefits to claimant.
While the order on permanent disability was pending, claimant filed an application for hearing on the issues of medical benefits after maximum medical improvement (MMI) and change of physician. At the second hearing, a different ALJ held that claimant waived the issue of continuing medical benefits because it was not raised at the time of the hearing on permanent disability. The ALJ struck claimant's application for hearing, concluding that the first ALJ's order awarding permanent disability benefits closed the claim.
The court of appeals affirmed. The court rejected claimant's argument that the doctrine of waiver should not be applied to a workers' compensation claim. The court also rejected claimant's alternative assertion that he was unable to litigate his claim for post-MMI medical benefits at the hearing on permanent disability because he was not receiving treatment at the time of MMI and could not establish entitlement to a particular treatment. The court stated that a claimant need not be receiving treatment at the time of MMI to obtain a general award of future medical benefits. The court held that the right to future medical benefits may be waived if not requested at the time permanent disability is heard.