W.C. No. 4-217-926Industrial Claim Appeals Office.
October 16, 2001
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated July 19, 2001. The court issued its mandate on September 10, 2001.
The court’s opinion contains a history of this case, and we incorporate that history in this order. The court directed us to “vacate the current order of the ALJ” and “reconsider the propriety of awarding claimant penalties under § 8-43-304(1).” Concerning the propriety of awarding penalties under § 8-43-304(1), the court noted that §8-40-201(15), C.R.S. 2001, defines the term “order” to include a rule or regulation of the Director of the Division of Workers’ Compensation (Director). Consequently, the court expressed the view that the respondents’ violation of a rule pertaining to pre-authorization for medical treatment “may” constitute disobedience of a lawful order as contemplated by Holliday v. Bestop, Inc., 23 P.3d 700 (Colo. 2001).
Pursuant to the court’s order, we vacate the ALJ’s order dated August 2, 1999, and remand for the entry of a new order determining whether or not the claimant is entitled to penalties under §8-43-304(1). Prior to the issuance of a new order, the parties should be afforded an opportunity to address the legal issues raised by the Court of Appeals in its opinion dated July 19, 2001. Additionally, we note that it would be appropriate for the parties to address, and the ALJ to consider, whether or not the definition of an “order” contained in §8-40-201(15) applies to § 8-43-304(1) since § 8-43-304(1) was enacted prior to § 8-40-201(15). It would also be appropriate to consider the distinction, if any, between a duty “lawfully enjoined, within the time prescribed” by the Director and a “lawful order”of the Director. See Holliday v. Bestop, Inc., 23 P.3d at 706, n. 4.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 2, 1999, is vacated, and the matter is remanded for further proceedings and entry of a new order consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Bill Whitacre
Copies of this decision were mailed October 16, 2001 to the following parties:
Eloise Briscoe, P.O. Box 655, Morrison, CO 80465
Linda Siedow, The Denver Post, 1560 Broadway, Denver, CO 80202
Leona Zuffoletto, Liberty Mutual Insurance Company, P.O. Box 3539, Englewood, CO 80155-3539
Shelly P. Dodge, Esq., 1763 Franklin St., Denver, CO 80218 (For Claimant)
Jonathan S. Robbins, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For Respondents)
Barbara Carter, Subsequent Injury Fund, P. O. Box 300009, Denver, CO 80203-0009
BY: L. Epperson