Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo. Ct. App. 1995). · Go Syfert
Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo. Ct. App. 1995). Cases Citing This Book View Copy Cite
115 citation events (93 in the last 25 years) across 4 distinct courts.
Strongest positive: Pueblo v. ICAO (coloctapp, 2026-02-19)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Pueblo v. ICAO
Colo. Ct. App. · 2026 · confidence medium
Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995).
discussed Cited as authority (rule) Thompson v. ICAO
Colo. Ct. App. · 2025 · confidence medium
Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995). ¶ 24 The disqualifying provisions of section 8-73-108(5)(e) “must be read in light of the express legislative intent set forth in [section 8- 73-108(1)(a)] to provide benefits to those who become unemployed through ‘no fault’ of their own.” Cole v. Indus.
cited Cited as authority (rule) Gallegos v. ICAO
Colo. Ct. App. · 2025 · confidence medium
Clear and convincing evidence means evidence that is “highly probable and free from serious or substantial doubt.” Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995).
discussed Cited as authority (rule) US Dominion, US v. Newsmax Media, Inc.
Del. Super. Ct. · 2025 · confidence medium
Opp’n at 30 n.4. 190 Lawson, ¶ 18. 191 See L.S.S. v. S.A.P., 2022 COA 123 , ¶ 45: “[W]here actual malice must be shown, the applicable burden is clear and convincing evidence.” 192 Anderson v. Senthilnathan, 2023 COA 88 , ¶ 13. 193 Destination Maternity v. Burren, 2020 CO 41, ¶ 10 (quoting Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995)). 194 See Gordon v. Boyles, 99 P.3d 75, 79 (Colo. App. 2004) (citing Walker v. Associated Press, 417 P.2d 486, 489 (Colo. 1966)). 195 Keohane v. Wilkerson, 859 P.2d 291, 301 (Colo. App. 1993) (hereinafter “Wilkerson”). 1…
discussed Cited as authority (rule) Matter of Swinehart
Colo. Ct. App. · 2024 · confidence medium
“Clear and convincing evidence means evidence which is stronger than a mere ‘preponderance’; it is evidence that is highly probable and free from serious or substantial doubt.” People In Interest of R.F., 2019 COA 110, ¶ 16 (quoting Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995)). ¶ 14 Probate courts enjoy wide discretion when deciding whether to appoint a guardian.
discussed Cited as authority (rule) Peo in Interest of Abeyta
Colo. Ct. App. · 2022 · confidence medium
Clear and convincing evidence is evidence that “is stronger than a mere ‘preponde rance’” and “is highly probable and free from serious or subst antial doubt.” People in Interest of R.F. , 2019 COA 110, ¶ 16 (quoting Metro Moving & Storage Co. v. Gussert , 914 P.2d 411, 414 (Col o.
discussed Cited as authority (rule) v. ICAO
Colo. Ct. App. · 2020 · confidence medium
Claim Appeals Office, 49 P.3d 334, 337 (Colo. App. 2001) (“The Panel and reviewing courts are bound to apply the substantial evidence test in determining whether the evidence supports the ALJ’s findings of fact.”); Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995) (“[T]he evidentiary standard of proof applied by the ALJ is not the same as the standard of review applied by the Panel and reviewing courts in determining the correctness of the ALJ’s order.
discussed Cited as authority (rule) ion Maternity v. Burren
Colo. · 2020 · confidence medium
However, section 8-42-107(8)(b)(III) allows a party to overcome the DIME doctor’s “finding regarding [MMI] . . . by clear and convincing evidence.” Clear and convincing evidence is “stronger than a mere ‘preponderance’; it is evidence that is highly 6 probable and free from serious or substantial doubt.” Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995).
discussed Cited as authority (rule) in Interest of R.F
unknown court · 2019 · confidence medium
“Clear and convincing evidence means evidence which is stronger than a mere ‘preponderance’; it is evidence that is highly probable and free from serious or substantial doubt.” Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo. App. 1995). ¶ 17 We acknowledge that a different division of this court has framed the Sell inquiry as an eight-part test.
discussed Cited as authority (rule) Hutchison v. Industrial Claim Appeals Office (2×)
unknown court · 2017 · confidence medium
Claim Appeals Office, 148 P.3d 287, 287-88 (Colo.App.2006) (upholding an ALJ’s refusal to apportion the claimant’s pre-existing spinal condition and rejecting the employer’s assertion that it was entitled to apportionment as a matter of law). ¶ 29 “Substantial evidence is that quantum of probative evidence which a rational fact-finder would accept as adequate to support a conclusion, without regard to the existence of conflicting evidence.” Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995).
discussed Cited as authority (rule) 85 Sanchez v. Industrial Claim Appeals Office
unknown court · 2017 · confidence medium
Pacesetter Corp. v. Collett, 33 P.3d 1230, 1234 (Colo. App. 2001); Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo. App. 1995) (reviewing court must defer to the ALJ’s credibility determinations and resolution of conflicts in the evidence and may not substitute its judgment for that of the ALJ). 2.
cited Cited as authority (rule) People ex rel. G.R.N.M.
Colo. Ct. App. · 2010 · confidence medium
It is also "free from serious or substantial doubt." Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995).
discussed Cited as authority (rule) J.S. v. Chambers
Colo. Ct. App. · 2009 · confidence medium
Nevertheless, our analysis is informed by the following well-established principles: e"Clear and convincing evidence is that evidence which is stronger than a preponderance of the evidence and which is unmistakable and free from serious or substantial doubt." DiLeo v. Koltnow, 200 Colo. 119, 125-26 , 618 P.2d 318 , 323 (1980) (internal quotation omitted); Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995) (same). ©"[Tjo constitute arbitrary or capricious exercise of discretion it must appear that 'By exercising its discretion in such manner after a consideration of evide…
discussed Cited as authority (rule) Benuishis v. Industrial Claim Appeals Office of the State
Colo. Ct. App. · 2008 · confidence medium
"Substantial evidence is that quantum of probative evidence which a rational fact-finder would accept as adequate to support a conclusion, without regard to the existence of conflicting evidence." Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995).
discussed Cited as authority (rule) Gilmore v. Industrial Claim Appeals Office (2×)
Colo. Ct. App. · 2008 · confidence medium
Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo.App.1995).
discussed Cited as authority (rule) Avalanche Industries, Inc. v. Industrial Claim Appeals Office (2×)
Colo. Ct. App. · 2007 · confidence medium
Claim Appeals Office, 81 P.3d 1117 , 1118 (Colo.App.2003), and "is solely for the trier of fact to determine." Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995).
discussed Cited as authority (rule) Martinez v. Industrial Claim Appeals Office
Colo. Ct. App. · 2007 · confidence medium
Claim Appeals Office, 131 P.3d 1172, 1179 (Colo.App.2005)(where the substantial evidence, even if conflicting, supports the determination that the DIME physician’s opinion has not been overcome by clear and convincing evidence, the ALJ’s order may not be set aside); Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995) (the scope of review on appeal is “exceedingly narrow”).
cited Cited as authority (rule) City of Loveland Police Department v. Industrial Claim Appeals Office
Colo. Ct. App. · 2006 · confidence medium
We emphasize that the scope of our review of an ALJ’s decision in a workers’ compensation action is “exceedingly narrow.” Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 414 (Colo.App.1995).
cited Cited "see" Alvarez-Velasquez v. ICAO
Colo. Ct. App. · 2026 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo. App. 1995).
cited Cited "see" Mosley-Stichter v. ICAO
Colo. Ct. App. · 2025 · signal: see · confidence high
See Metro Moving & Storage, Co. v. Gussert, 914 P.2d 411 , 414-15 (Colo. App. 1995).
discussed Cited "see" Mosley-Stichter v. ICAO (2×)
Colo. Ct. App. · 2025 · signal: see · confidence high
See Metro Moving & Storage v. Gussert, 914 P.2d 411 , 415 (Colo. App. 1995). ¶ 21 We note that transcripts of the hearings are not part of the record, and therefore, we must presume that substantial evidence supports the ALJ’s findings.
examined Cited "see" United Continental v. ICAO (3×)
Colo. Ct. App. · 2024 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo. App. 1995).
discussed Cited "see" Spirit v. ICAO (2×)
Colo. Ct. App. · 2024 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo. App. 1995).
discussed Cited "see" Enterprise v. ICAO
Colo. Ct. App. · 2024 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo. App. 1995) (We must “defer to the ALJ’s credibility determinations and . . . resolution of conflicts in the evidence, including the medical evidence.”). ¶ 24 We aren’t persuaded otherwise by employer’s related contention that the attendant services aren’t compensable because they aren’t incidental to other medical treatment.
cited Cited "see" Santiagos v. ICAO
Colo. Ct. App. · 2024 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert , 914 P.2d 411, 415 (Colo. App. 1995).
cited Cited "see" Santiagos v. ICAO
Colo. Ct. App. · 2024 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert , 914 P.2d 411, 415 (Colo. App. 1995).
discussed Cited "see" Gold Medal v. Byers Peak
Colo. Ct. App. · 2022 · signal: see · confidence high
See Metro Movi ng & Storage Co. v. Gussert , 914 P.2d 411, 414 (Colo. App. 1995). ¶ 17 Third, Norgren and Powell, who lived on and used the ranch es in 1974, testified that Exhibit 18 was an accurate depiction of the 10 roads and trails in use by the owners of the East Ranch in 1974.
cited Cited "see" Youngquist Brothers Oil & Gas, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 2016 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert , 914 P.2d 411 , 415 (Colo. App. 1995).
cited Cited "see" Youngquist Bros. Oil & Gas, Inc. v. Indus. Claim Appeals Office of Colo.
Colo. Ct. App. · 2016 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 , 415 (Colo. App. 1995).
cited Cited "see" Youngquist Brothers Oil & Gas, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 2016 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert , 914 P.2d 411, 415 (Colo. App. 1995).
discussed Cited "see" City of Brighton v. Rodriguez
Colo. · 2014 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo.App.1995) (stating that a reviewing court should defer to the ALJ's resolution of conflicts in the evidence, including the medical evidence).
discussed Cited "see" Meza v. Industrial Claim Appeals Office
Colo. Ct. App. · 2013 · signal: see · confidence high
See Metro Moving Storage Co. v. Gussert, 9 914 P.2d 411, 415 (Colo.App.1995) (reviewing court must defer to the ALJ's credibility determinations and resolution of conflicts in the evidence and may not substitute its judgment for that of the ALJ); Rockwell Int'l v. Turnbull, 802 P.2d 1182 , 1188 (Colo.App.1990) ("[Ilf, as here, expert testimony is presented, the weight to be accorded to the testimony is a matter exclusively within the discretion of the [ALJ] as fact-finder.").
cited Cited "see" Rodriguez v. Industrial Claim Appeals Office of the State
Colo. Ct. App. · 2012 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo.App.1995) (reviewing court defers to the ALJ's resolution of conflicts in the evidence, including the medical evidence).
discussed Cited "see" Youngs v. Industrial Claim Appeals office
Colo. Ct. App. · 2012 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411, 415 (Colo.App.1995) (reviewing court must defer to the ALJ's credibility determinations and resolution of conflicts in the evidence and may not substitute its judgment for that of the ALJ); Rockwell Int'l v. Turnbull, 802 P.2d 1182 , 1183 (Colo.App.1990) ("if, as here, expert testimony is presented, the weight to be accorded to the testimony is a matter exelusively within the discretion of the ... [ALJ] as fact-finder").
discussed Cited "see" Mary Ann WILSON v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Falcon School District No. 49, and Western Guarantee Fund
Colo. Ct. App. · 2003 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 , 415 (Colo.App.1995)("If two equally plausible inferences may be drawn from the evidence, we may not substitute our judgment for that of the ALJ."); see also Pacesetter Corp. v. Collett, 33 P.3d 1230, 1234 (Colo.App. 2001)("We are bound by the ALJ's factual determinations, even when the evidence is conflicting and would have supported a contrary result.").
discussed Cited "see" Wilson v. Industrial Claim Appeals Office of the State
Colo. Ct. App. · 2003 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 , 415 (Colo.App.1995)("If two equally plausible inferences may be drawn from the evidence, we may not substitute our judgment for that of the ALJ."); see also Pacesetter Corp. v. Collett, 33 P.3d 1230, 1234 (Colo.App. 2001)("We are bound by the ALJ's factual determinations, even when the evidence is conflicting and would have supported a contrary result.").
discussed Cited "see" Mary Ann WILSON v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Falcon School District No. 49, and Western Guarantee Fund
Colo. Ct. App. · 2003 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 , 415 (Colo.App.1995)("If two equally plausible inferences may be drawn from the evidence, we may not substitute our judgment for that of the ALJ."); see also Pacesetter Corp. v. Collett, 33 P.3d 1230, 1234 (Colo.App. 2001)("We are bound by the ALJ's factual determinations, even when the evidence is conflicting and would have supported a contrary result.").
discussed Cited "see" Major Medical Insurance Fund v. Industrial Claim Appeals Office
Colo. Ct. App. · 2003 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995)(evidentiary standard of proof applied by the ALJ is not the same as the standard of review applied by the Panel in determining the correctness of an underlying order).
discussed Cited "see" Miller v. Industrial Claim Appeals Office
Colo. Ct. App. · 2001 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, supra. The ALJ concluded that respondents refused to authorize further medical care, despite the order of the Director declining to enter either a change of physician order or a retroactive denial of payment.
discussed Cited "see" Pacesetter Corp. v. Collett
Colo. Ct. App. · 2001 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995)(not only must we defer to the ALJ's credibility determinations and the resolution of conflicts in the evidence, but we also must not substitute our judgment for that of the ALJ when two equally plausible inferences may be drawn from the evidence).
cited Cited "see" Pizza Hut v. Industrial Claim Appeals Office of the State
Colo. Ct. App. · 2001 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995).
discussed Cited "see" MAGNETIC ENGINEERING, INC., and State Farm Fire and Casualty Co. v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Michael Marshall
Colo. Ct. App. · 2000 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, supra (conflicts in medical evidence in a workers' compensation proceeding are for resolution by the ALJ).
discussed Cited "see" MAGNETIC ENGINEERING, INC., and State Farm Fire and Casualty Co. v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Michael Marshall
Colo. Ct. App. · 2000 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, supra (conflicts in medical evidence in a workers' compensation proceeding are for resolution by the ALJ).
discussed Cited "see" Magnetic Engineering, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 2000 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, supra (conflicts in medical evidence in a workers' compensation proceeding are for resolution by the ALJ).
cited Cited "see" Absolute Employment Services, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 1999 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995).
cited Cited "see" Lambert & Sons, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 1998 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo. App.1995).
cited Cited "see" Qual-Med, Inc. v. Industrial Claim Appeals Office
Colo. Ct. App. · 1998 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, supra. The order is affirmed.
discussed Cited "see" Wackenhut Corp. v. Industrial Claim Appeals Office
Colo. Ct. App. · 1997 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App. 1995) (if two equally-plausible inferences may be drawn from the evidence, reviewing court may not substitute its judgment for that of the ALJ).
cited Cited "see" Blue Mesa Forest v. Lopez
Colo. Ct. App. · 1996 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995) (where medical evidence is susceptible to more than one inference, it is for the ALJ to resolve the conflict).
cited Cited "see" Askew v. Sears Roebuck & Co.
Colo. Ct. App. · 1996 · signal: see · confidence high
See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo.App.1995).
Retrieving the full opinion text from the archive…
METRO MOVING & STORAGE CO. and Colorado Compensation Insurance Authority, Petitioners,
v.
Gary A. GUSSERT and the Industrial Claim Appeals Office of the State of Colorado, Respondents
94CA1926.
Colorado Court of Appeals.
Jun 15, 1995.
914 P.2d 411
Michael J. Steiner, Denver, for petitioners., Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Pepe J. Mendez & Associates, P.C., Pepe J. Mendez, Denver, for respondent Gary A. Gussert., No appearance for the Industrial Claim Appeals Office.
Sternberg, Metzger, Taubman.
Cited by 223 opinions  |  Published
Chief Judge STERNBERG.

The petitioners, Metro Moving & Storage Co. and Colorado Compensation Insurance Authority, seek review of a final order of the Industrial Claim Appeals Panel, which determined that Gary A. Gussert, claimant, presented clear and convincing evidence to overcome the rating of the independent medical examination (IME) physician in determining his medical impairment benefits. We affirm.

It was conceded that the claimant, a furniture mover, suffered a work-related injury to his back. The sole issue in controversy is the extent of his permanent impairment under the new standards adopted by the General Assembly during the 1991 revision of the Workers’ Compensation Act.

I. Legislative History

Prior to the 1991 statutory changes, the Administrative Law Judge (ALJ) had broad discretion in assessing the extent and degree of an injured worker’s permanent disability. See American Metals Climax, Inc. v. Cisneros, 195 Colo. 163, 576 P.2d 553 (1978); Ski Depot Rentals, Inc. v. Lynch, 714 P.2d 516 (Colo.App.1985).

However, in the 1991 legislative session, the General Assembly repealed the statute governing benefits for permanent partial dis[*413] ability and replaced it -with provisions for benefits now termed “permanent medical impairment.” See Colo.Sess.Laws 1991, ch. 219, § 8-42-107 at 1306. For all non-scheduled injuries, permanent impairment must now be determined based on the American Medical Association Guides to the Evaluation of Permanent Impairment, Revised Third Edition (AMA Guides). Section 8-42-101(3)(a)(I), C.R.S. (1994 Cum.Supp.).

The worker’s authorized treating physician determines the impairment rating as a percentage of the whole person. If either party disputes the rating, an independent medical examiner may be selected by mutual agreement of the parties, or, if they are unable to agree, an IME physician will be appointed by the Director from a list of accredited physicians maintained by the division. The impairment rating of an agreed-upon IME physician is binding upon both parties and the Director. The rating of a division-appointed IME physician is also binding unless either party is able to overcome the rating by “clear and convincing” evidence. Section 8^2-107(8)(e), C.R.S. (1994 Cum.Supp.); see Salmon & Salazar, 1991 Update on Workers’ Compensation Law, 20 Colo.Law. 2223 (November 1991).

II. Facts

Here, the claimant was treated for his work injury by Dr. Andrew Plotkin, the employer’s authorized treating physician. After four weeks of total temporary disability, Dr. Plotkin determined that claimant had reached maximum medical improvement, and he released him to return to work with no work restrictions. In addition, Dr. Plotkin stated in his final report to the division that claimant had not sustained any permanent impairment. However, according to the claimant, Dr. Plotkin verbally advised him that he should not return to his former work as a furniture mover.

At the request of the Division of Labor, claimant was evaluated for vocational rehabilitation by Dr. Donald Harder. Dr. Harder concluded that claimant had sustained a permanent injury which prevented him from lifting more than 25 pounds or working in prolonged stooped positions.

Because Drs. Plotkin and Harder had differing opinions as to his condition, claimant requested that Dr. Harder perform an independent medical exam under § 8-42-107(8)(c) to determine his permanent impairment, if any. The respondents, however, refused to accept Dr. Harder as the mutually approved medical examiner. The division therefore appointed Dr. Neil Rosenberg to conduct the IME.

Dr. Rosenberg submitted a report finding that the claimant had “0% whole person impairment.” Although Dr. Rosenberg noted that the claimant had ongoing “mild chronic low back pain,” he said he could find “no abnormalities on neurologic examination to suggest a specific disorder,” and he thus concluded that claimant had suffered no permanent impairment.

The claimant disputed Dr. Rosenberg’s rating and requested a hearing on the matter. At the hearing, he called Dr. Harder to testify on his behalf. Dr. Harder was qualified as an expert in orthopedic medicine, physical medicine, and rehabilitation. Like Dr. Rosenberg, he is a level II accredited physician under § 8 — 42—101(3.6)(a)(II), C.R.S. (1994 Cum.Supp.).

Dr. Harder testified that the claimant has a 9% whole person impairment according to the AMA Guides. He explained that 5% of the impairment is based on a minimum of six months’ medically documented pain and rigidity of the lumbar spine, and the remaining 4% impairment is due to a loss of flexion.

Dr. Harder also opined that Dr. Rosenberg’s impairment rating did not comply with the AMA Guides. He testified that Dr. Rosenberg deviated from the Guides by not utilizing an applicable table, and by not specifying whether he had used an inclinometer when measuring the claimant’s lumbar range of motion, as recommended by the Guides. In addition, Dr. Harder noted that Dr. Rosenberg had crossed out his original numerical measurements of claimant’s lumbar flexion on the measurement chart and had substituted a second measurement. Dr. Harder stated that the substituted figure was the number 60, which “happens to be the very number that is normal.”

[*414] The ALJ concluded that it was “highly probable” that Dr. Rosenberg’s impairment rating was incorrect. He found that claimant had met his burden of overcoming the IME rating with clear and convincing proof, and he expressly found that Dr. Harder and the claimant were credible witnesses. The ALJ credited Dr. Harder’s 9% impairment rating and awarded the claimant $10,070 in benefits under § 8^42-107(8)(d), C.R.S. (1994 Cum. Supp.).

III. The Panel’s Review

On review to the Panel, the respondents argued that the ALJ erred as a matter of law in discrediting Dr. Rosenberg’s impairment rating. Respondents argued that the impairment rating was “presumptively valid” because § 8-42-107(8)(c) creates a legal presumption that the IME physician arrived at the rating “in accordance with the AMA Guides.” They also claimed that Dr. Harder’s opinion discrediting Dr. Rosenberg’s methodology was “mere conjecture,” which did not justify the ALJ’s order. The Panel rejected these arguments. The Panel said that it did not dispute that § 8-42-107(8)(c) establishes a presumption of regularity concerning the IME physician’s impairment rating; however, citing Rockwell International v. Turnbull, 802 P.2d 1182 (Colo.App.1990), the Panel ruled that once a party disputing the rating has come forward with evidence to rebut the presumption of regularity, the issue becomes a question of fact for the ALJ’s resolution.

Moreover, in determining whether a party has overcome the presumption of regularity by clear and convincing evidence, the Panel stated that it cannot reweigh the evidence or make its own assessment of the quality of proof; rather, it determined it could review the record only to determine whether the ALJ’s findings of fact were supported by substantial evidence. Because it found adequate support for the ALJ’s determination, the Panel affirmed the order. This review followed.

IV. Standard of Review

We first address the standard of review applicable to the ALJ’s order.

Clear and convincing evidence means evidence which is stronger than a mere “preponderance”; it is evidence that is highly probable and free from serious or substantial doubt. See CJI-Civ.3d 8:2 (1988); DiLeo v. Koltnow, 200 Colo. 119, 613 P.2d 318 1980); Therefore, the party challenging the IME rating under § 8-42-107(8)(c) must produce evidence which shows that it is “highly probable” the IME rating is incorrect.

However, irrespective of whether the standard of proof at the administrative adjudicatory level of proceedings is clear and convincing, beyond a reasonable doubt, or merely a preponderance of the evidence, it is solely for the trier of fact to determine the persuasive effect of the evidence and whether the burden of proof has been satisfied. See Mehlbrandt v. Hall, 121 Colo. 165, 169, 213 P.2d 605 (1950); see also Eisnach v. Industrial Commission, 633 P.2d 502 (Colo.App.1981).

Therefore, we agree with the Panel that the question whether a party has overcome the IME impairment rating by clear and convincing evidence is a question of fact for the ALJ’s determination. Similarly, the question whether the IME physician has properly applied the AMA Guides in arriving at an impairment rating is a question of fact.

We also agree with the Panel that the evidentiary standard of proof applied by the ALJ is not the same as the standard of review applied by the Panel and reviewing courts in determining the correctness of the ALJ’s order. By statute, both the Panel and reviewing courts must apply the substantial evidence test in determining whether the evidence supports the ALJ’s findings of fact. Sections 8-43-301(8) and 8-43-308, C.R.S. (1994 Cum.Supp.).

Substantial evidence is that quantum of probative evidence which a rational fact-finder would accept as adequate to support a conclusion, without regard to the existence of conflicting evidence. Monfort, Inc. v. Rangel, 867 P.2d 122 (Colo.App.1993).

[*415] In applying this test, we must view the evidence as a whole and in the light most favorable to the prevailing party. Industrial Commission v. Royal Indemnity Co., 124 Colo. 210, 236 P.2d 293 (1961). We must also defer to the ALJ’s credibility determinations and his resolution of conflicts in the evidence, including the medical evidence. Rockwell International v. Turnbull; supra. If two equally plausible inferences may be drawn from the evidence, we may not substitute our judgment for that of the ALJ. Gelco Courier v. Industrial Commission, 702 P.2d 295 (Colo.App.1985).

This, then, is the scope of our review, and it is exceedingly narrow. Martinez v. Regional Transportation District, 832 P.2d 1060 (Colo.App.1992).

V. The Merits of This Appeal

In challenging the ALJ’s findings, the respondents advance three arguments. They contend that even if Dr. Rosenberg did change the numerical measurements of claimant’s lumbar flexion, it does not establish, clearly and convincingly, that his impairment rating was invalid. They also argue that the mere omission from Dr. Rosenberg’s report of an affirmative statement that he used an inclinometer does not establish, by clear and convincing proof, that he did not use that instrument. Finally, they argue there was no basis in the evidence for the ALJ’s finding that Dr. Rosenberg should have used Table 53 of the AMA Guides. We reject these contentions.

Dr. Rosenberg’s lumbar flexion measurements are found in the record; the original readings are heavily crossed over with ink, rendering the original figures illegible. Dr. Harder stated that these markings could be interpreted as alterations of previously recorded measurements, and he testified that the substituted measurements are in the normal range. Dr. Rosenberg did not testify. On these facts, the ALJ could reasonably infer that Dr. Rosenberg altered the original measurements in order to arrive at “normal” readings.

The ALJ also found there was no “credible evidence” that Dr. Rosenberg had used an inclinometer as recommended by the AMA Guides. The ALJ found that when Dr. Harder used an inclinometer to measure the claimant’s lumbar flexion, he found a measurable impairment. Conversely, Dr. Rosenberg’s report does not state whether he had used an inclinometer, and his findings indicate no measurable loss or impairment. Under these circumstances, the ALJ could reasonably infer that, if Dr. Rosenberg had used an inclinometer, his rating also would have shown some degree of measurable impairment.

We reject the argument that Dr. Harder’s opinions were “conjectural.” Dr. Harder examined the claimant on two separate occasions, and had taken into account the report and supporting documentation submitted by Dr. Rosenberg. Dr. Harder cited those portions of the AMA Guides which he considered appropriate and pointed to specific evidence justifying application of those sections in measuring the claimant’s impairment. Thus, Dr. Harder’s opinions were fully grounded in the evidence or plausible inferences drawn therefrom. See Dow Chemical Co. v. Industrial Claim Appeals Office, 843 P.2d 122 (Colo.App.1992); City of Aurora v. Vaughn, 824 P.2d 825 (Colo.App.1991).

The ALJ foimd the foregoing evidence to be of “clear and convincing” quality, and we are bound by his assessment of its weight. Like the Panel, we conclude that the evidence is substantial and sufficient to support the ALJ’s order.

We have consistently ruled that conflicts in the medical evidence are for the ALJ’s resolution. This fundamental principle of appellate review is not altered by the fact that the evidentiary standard of proof under § 8-42-107(8)(c) has been changed to “clear and convincing.”

The order is affirmed.

METZGER and TAUBMAN, JJ., concur.