CITY AND COUNTY OF DENVER v. PANEL

No. 02CA0322.

58 P.3d 1162 (2002)

CITY AND COUNTY OF DENVER, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the STATE of Colorado and Michelle Felix, Respondents.

Colorado Court of Appeals, Div. IV.

September 26, 2002.


Attorney(s) appearing for the Case

J. Wallace Wortham, Jr., City Attorney, Olivia L. Hudson Smith, Assistant City Attorney, Denver, Colorado, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Michelle Felix, Pro Se.


Opinion by Judge DAILEY.

The main issue in this workers' compensation case is whether an employer is entitled to recoup lump sum disability benefits already paid to a claimant where the claim is reopened for a worsened condition, the claimant obtains additional treatment resulting in a lower impairment rating, and she requests a division-sponsored independent medical examination (DIME) resulting in a zero percent impairment rating. Under the circumstances of this...

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