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Brownson-Rausin v. Industrial Claim Appeals Office of the State of Colorado10/20/2005
testing that had been recommended. As the ALJ noted, a number of these procedures had already been performed by the date of the hearing and were no longer necessary to maintain claimant's condition.
The ALJ's findings are supported by substantial, albeit conflicting, evidence in the record. See ยง 8-43-308, C.R.S. 2005 (reviewing court must uphold the ALJ's determination if supported by substantial evidence in the record); Magnetic Eng'g, Inc. v. Indus. Claim Appeals Office, 5 P.3d 385 (Colo. App. 2000)(the ALJ determines as a question of fact whether the DIME physician's finding of MMI has been overcome by clear and convincing evidence). Consequently, we perceive no basis for setting aside the order.
The order of the Panel is affirmed.
JUDGE CARPARELLI and JUDGE CRISWELL concur.
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