Destination Maternity v. Burren.
2020 CO 41. No. 19SC298. Workers' Compensation—Maximum Medical Improvement.
May 18, 2020
In this workers’ compensation case, the Supreme Court considered whether an administrative law judge (ALJ) may place a claimant at maximum medical improvement (MMI) after concluding that an employer or an employer’s insurer has overcome the finding of a Division Independent Medical Examination (DIME) doctor that the claimant hasn’t reached MMI.
The Court held that once an ALJ concludes that an employer or an employer’s insurer has overcome a DIME doctor’s MMI opinion, the ALJ may determine the claimant’s MMI status and permanent impairment rating as questions of fact.
The Court of Appeals’ judgment was reversed and the case was remanded for proceedings consistent with this opinion.