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BENUISHIS v. IND. CLAIM APP. OFF. OF STATE

No. 07CA0511.

195 P.3d 1142 (2008)

Joanne T. BENUISHIS, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado, Cheyenne Mountain Zoological Society, and Pinnacol Assurance, Respondents.

Colorado Court of Appeals, Div. VI.

Certiorari Denied November 24, 2008.

Attorney(s) appearing for the Case

Steven U. Mullens P.C., Steven U. Mullens, Colorado Springs, Colorado, for Petitioner.

John W. Suthers, Attorney General, Laurie Rottersman, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claims Appeals Office.

Harvey D. Flewelling, Denver Colorado; Ruegsegger Simons Smith & Stern, LLC, Lisa A. Simons, Denver, Colorado, for Respondents Cheyenne Mountain Zoological Society and Pinnacol Assurance.

Opinion by Judge FURMAN.

Claimant, Joanne T. Benuishis, seeks review of the final order of the Industrial Claim Appeals Office (the Panel) that affirmed the administrative law judge's decision determining medical impairment based on the rating of a physician who was selected to perform a division-sponsored independent medical examination (DIME). We consider whether the opinions of that physician are those of an "independent" medical examiner within the meaning of...

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