Eric Pollart and Paul Foltz successful overcame the opinion of the Division IME before the Administrative Law Judge (ALJ). The Division IME had issued a rating based on his opinion that the claimant’s diagnosis was simply “pain.” The ALJ ultimately credited respondent’s evidence that this is contrary to the provisions of the Colorado Workers’ Compensation Act’s provision providing that a physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. The rating was reduced to a 0%.
W.C. No. 5-036-773, SFFCLO (July 22, 2019)