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LOBATO v. INDUSTRIAL CLAIM APPEALS OFFICE OF STATE

No. 02CA1145.

94 P.3d 1173 (2003)

Enrique LOBATO, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Western Forge, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 24, 2003.

Certiorari Granted August 2, 2004.

Attorney(s) appearing for the Case

Steven R. Waldmann, Colorado Springs, Colorado, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Dworkin, Chambers & Williams, P.C., David J. Dworkin, Margaret Bauder Garcia, Denver, Colorado, for Respondent, Western Forge.

Brandee Defalco Galvin, Denver, Colorado, for Amicus Curiae Pinnacol Assurance.

Opinion by Judge NEY.

The sole issue in this workers' compensation case against Western Forge (employer) concerns the time frame during which Enrique Lobato (claimant) was required to request a division-sponsored independent medical examination (DIME) under the 1999 amendments to § 8-42-107.2, C.R.S.2002. We conclude that claimant's request for a DIME was untimely and therefore affirm the final order of the Industrial Claim Appeals Office (Panel) striking the...

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