W.C. No. 4-484-226Industrial Claim Appeals Office.
August 15, 2002.
CORRECTED ORDER
The respondent filed a “Motion for Reconsideration, Suspension and/or Correction” of our Order of Remand issued on August 12, 2002. We grant the motion for a corrected order.
The claimant filed a petition to review an order of Administrative Law Judge Felter (ALJ) which determined the claimant failed to prove a compensable occupational disease and, therefore, denied the claim for workers’ compensation benefits. On review the claimant argued the ALJ misapplied the law by requiring the claimant to prove the extent to which non-work-related activity contributed to her disability. We concluded the ALJ’s findings reflected a misapplication of the law and, therefore, we remanded the matter to the ALJ for the entry of a new order.
Our Order of Remand stated that the respondent did not file a brief in opposition to the claimant’s petition to review. The respondent’s motion for a corrected order contains proof the respondent timely filed an opposition brief. Accordingly, we issue this corrected order to reflect that we have accepted and considered the respondent’s brief. However, we reject the respondent’s contention that the ALJ’s misapplication of the law was harmless error.
IT IS THEREFORE ORDERED that as corrected our August 12 order is incorporated herein, and made a part of this order.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed August 15, 2002 to the following parties:
Shelbey Ivie-Adame, 3250 S. Lamar St., Denver, CO 80227
City and County of Denver, 1675 Broadway, #1600, Denver, CO 80202-4755
Shawn P. Langley, Esq., 1115 11th Ave., Greeley, CO 80631 (For Claimant)
John D. Beckman, Esq., Employment Law Practice Group, 1675 Broadway, #1600, Denver, CO 80202 (For Respondent)
BY: A. Hurtado