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Peitz v. Industrial Claim Appeals Office
Jason Peitz appealed an order of the Industrial Claims Appeals Office affirming a determination by an administrative law judge that he had reached maximum medical improvement for all work-related conditions.
According to the opinion, resolution of this appeal required the Colorado Court of Appeals to consider, for the first time in a published opinion, whether Workers’ Compensation Rule of Procedure 11-5 requires a physician conducting a division independent medical examination under Section 8-42-107.2(2)(a)(I), (b)-(c) of the Colorado Revised Statutes to consider only those body parts designated on the DIME application form.
The appeals court concluded that when assessing whether a claimant is at MMI, a DIME physician may consider all relevant body parts, even if those body parts were not designated on the DIME form.
The appeals court set aside the Industrial Claim Appeals Office order with instructions to remand this case to the ALJ.