Lobato v. Industrial Claim Appeals Office

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 DIME report and denying medical impairment benefits based on the DIME physician’s rating.

A year after claimant’s 1992 compensable injury,…