City of Manassa and Pinnacol Assurance, Petitioners/cross-Respondents v. Dale Ruff, Respondent/cross-Petitioner And…

Summary

The court reversed the remand requiring reconsideration of whether an independent medical examiner had an apparent conflict because the examiner's financial and contractual relationships with the insurer did not constitute a disqualifying conflict under the governing rule. It also affirmed the rejection of the claimant's argument that the examiner was subject to judicial ethical disclosure and disqualification obligations, holding that due process did not require those obligations or disqualification on these facts. Justice MARTINEZ, joined by Justice BENDER, dissented, concluding that the examiner's substantial financial relationship with the insurer required reconsideration of the apparent-conflict issue.