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Kennedy v. Industrial Claim Appeals Office of the State of Colorado9/9/2004
onduct of a medical examination. See Dep't of Labor & Employment Rule of Procedure XIV(3)(n). Here, the PALJ's order disposed of claimant's request to change the location of the DIME.
Contrary to claimant's argument, C.R.C.P. 98 only governs place of trial for judicial proceedings in tort, contract, and other civil actions. C.R.C.P. 98 does not apply to workers' compensation DIME proceedings. Such DIME proceedings are governed by departmental rules.
III.
We also reject claimant's contention that, because a specific penalty is provided by § 8-43-404, C.R.S. 2003, the ALJ may not impose additional penalties under § 8-43-304, C.R.S. 2003, when an injured worker refuses to attend a DIME. See Holliday v. Bestop, Inc., 23 P.3d 700 (Colo. 2001)(statutory language "for which no penalty has been specifically provided" in § 8-43-304 does not apply to a failure or refusal to obey a lawful order of the director or panel). A penalty may be imposed for failure to obey a lawful order even though a different penalty section authorizes sanctions for the same conduct. Holliday v. Bestop, Inc., supra; see Giddings v. Indus. Claim Appeals Office, 39 P.3d 1211 (Colo. App. 2001).
The order is affirmed.
JUDGE MARQUEZ and JUDGE KAPELKE concur.
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