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YECK v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 98CA2497.

996 P.2d 228 (1999)

William YECK, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, National Baromedical Services and Colorado Compensation Insurance Authority, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 7, 1999.

Certiorari Denied April 17, 2000.

Attorney(s) appearing for the Case

Willard & Pharris, P.C., Randall M. Willard, Fort Collins, Colorado, for Petitioner.

Law Office of Neil O'Toole P.C., Neil D. O'Toole, Denver, Colorado, Amicus Curiae for WCEA.

No Appearance for Respondent The Industrial Claim Appeals Office.

Laurie A. Schoder, Denver, Colorado, for Respondents National Baromedical Services and Colorado Compensation Insurance Authority.

Opinion by Justice ERICKSON.*

The sole issue in this workers' compensation case is whether an insurer's denial of a claim by notice of contest should, for public policy reasons, constitute a waiver of the right to select the treating physician. We conclude that it does not. Therefore, we affirm the order of the Industrial Claim Appeals Office (Panel) finding that National Baromedical Services (employer) and its insurer, Colorado Compensation...

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