The Statute and case law permits a physician to delegate to a PA the determination of MMI.
Susan Griego injured her wrist at work on June 6, 2016, when a trash dumpster lid closed on her hand. After being provided a list of designated medical providers, the claimant elected to treat at the CCOM clinic. The claimant never saw a physician but was examined and treated by Physician’s Assistant (PA) Byrne. PA Byrne placed her at maximum medical improvement (MMI) on August 8, 2016 with no permanent impairment. The form was co-signed by Dr. Daniel Olson, M.D. The respondents filed a Final Admission of Liability on January 6, 2017 based upon the PA’s report.
Ms. Griego filed an application for a hearing disputing the legitimacy of the Final Admission. The ALJ upheld the legitimacy of the Final Admission relying on W.C. Rules of Procedure 16-5(A)(6) and 16-7(F)(1), 7 CCR 1101-3, which allow authorized treating physicians to countersign WC 164 forms completed by a PA. The ALJ also referenced § 12-36-106(5) C.R.S. and the decision in Sims v. Industrial Claim Appeals Office, 797 P.2d 777 (Colo. App. 1990) as authority allowing a physician to delegate to a PA the determination of MMI.
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