HEINICKE v. INDUSTRIAL CLAIM APPEALS OFF.

No. 07CA1640.

197 P.3d 220 (2008)

Ann HEINICKE, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado, King Soopers Inc., and Sedgwick Claims Management Services, Respondents.

Colorado Court of Appeals, Div. VI.

September 4, 2008.


Attorney(s) appearing for the Case

William A. Alexander, Jr., P.C., William A. Alexander, Jr., Colorado Springs, Colorado, for Petitioner.

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

Blackman & Levine, L.L.C., Lawrence D. Blackman, Denver, Colorado, for Respondents King Soopers and Sedgwick Claims Management Services.


Opinion by Judge GABRIEL.

This workers' compensation proceeding presents two issues relating to petitions for reopening under section 8-43-303, C.R.S. 2007. Claimant, Ann Heinicke (claimant), argues that once an authorized treating physician (ATP) increases a worker's physical impairment rating, a change in condition is established and reopening is required as a matter of law. She further contends that once an ATP finds an increased physical impairment resulting from...

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