Destination Maternity v. BurrenAnnotate this Case
Susan Burren was injured at work, and she received temporary workers’ compensation benefits after her employer admitted liability. Many months passed, with many efforts to treat her injuries, but none of her authorized treating physicians (“ATPs”) placed her at “Maximum medical improvement” (“MMI”). Her employer and her employer’s insurer sought a second opinion regarding Burren’s MMI status, and Burren subsequently underwent a Division Independent Medical Examination (“DIME”). The DIME doctor who examined Burren also declined to place her at MMI. The employer and insurer then challenged the DIME doctor’s opinion under section 8-42-107(8)(b)(III), C.R.S. (2019), of the Workers’ Compensation Act (“Act”). An administrative law judge (“ALJ”) concluded that the employer and insurer had overcome the DIME doctor’s finding. The ALJ then placed Burren at MMI with a finding of no permanent impairment, making Burren ineligible to receive permanent disability benefits. An administrative panel agreed with the ALJ. Burren appealed. A division of the court of appeals concluded that the ALJ had no authority to place Burren at MMI. Instead, Burren should have been allowed to resume treatment with her ATPs until either an ATP or a DIME doctor placed her at MMI. The employer and its insurer petitioned the Colorado Supreme Court for review, and the Supreme Court reversed: once an ALJ concludes that an employer or an employer’s insurer has overcome a DIME doctor’s MMI opinion under section 8-42-107(8)(b)(III), the ALJ may determine the claimant’s MMI status and permanent impairment rating as questions of fact.