IN RE SHERMAN, W.C. No. 4-124-761 (8/20/97)


IN THE MATTER OF THE CLAIM OF KAREN D. SHERMAN, Claimant, v. TRAUTMAN SHREVE, Employer, and AETNA CASUALTY SURETY INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 4-124-761Industrial Claim Appeals Office.
August 20, 1997

ORDER

This matter is before us pursuant to the opinion of the Court of Appeals dated May 2, 1996. The court issued its mandate on May 29, 1997.

In its order, the court concluded that additional findings are necessary concerning whether or not the respondents violated Rule of Procedure IX(C)(1), 7 Code Colo. Reg. 1101-3, by improperly terminating the claimant’s temporary disability benefits. The court remanded the matter “with directions that additional proceedings be held consistent with the views expressed” in the opinion.

IT IS THEREFORE ORDERED that the matter is remanded to the Director of the Division of Workers’ Compensation for further proceedings consistent with the views expressed by the Court of Appeals.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ David Cain
______________________________ Kathy E. Dean

Copies of this decision were mailed August 20, 1997 to the following parties:

Karen D. Sherman, Carol Bullock, 5301 Martin Luther King Blvd., Denver, CO 80207

Trautman Shreve, 4406 Race St., Denver, CO 80216

Aetna Casualty Surety Insurance Company, P.O. Box 173712, Denver, CO 80217

Thomas D. Hacker, Esq., Ptarmigan Pl., #575, 3773 Cherry Creek North Drive, Denver, CO 80209 (For the Claimant)

Ross P. Goldsmith, Esq., 1151 Bannock St., Denver, CO 80204 (For the Respondents)

By: _______________________________