W.C. No. 3-062-893Industrial Claim Appeals Office.
February 23, 1996
ORDER
The respondents seek review of an order of Administrative Law Judge Wells (ALJ) which set aside a settlement agreement. We dismiss the petition to review without prejudice.
The ALJ found that the parties entered into a full and final settlement agreement which was approved in January 1992. However, the ALJ determined that the respondents fraudulently induced the claimant to enter into the settlement agreement, and therefore, the ALJ “set aside” the agreement. The ALJ also stated that either party may apply for a hearing concerning the claimant’s “entitlement to additional benefits,” and reserved all other issues “for future determination.”
The claimant argues, and we agree, that the ALJ’s order is not currently subject to review. The ALJ’s order does not require the payment of any benefits or penalty, nor does it deny the claimant any benefits or penalty. Therefore, the order is not currently subject to review under §8-43-301(2), C.R.S. (1995 Cum. Supp.). Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986); Ursich v. Prudential Insurance Co., W.C. No. 3-934-376, January 27, 1995; Gonzales v. Redfield Rifle Scopes, Inc., W.C. No. 3-954-062, June 30, 1993. Section 8-43-303(1), C.R.S. (1995 Cum. Supp.) does not change this result since the statute states that an order reopening a claim is subject to review “in the same manner as other orders.” (Emphasis added). “Other orders” must award or deny benefits to be reviewable.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order, dated July 21, 1995, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
An action to modify or vacate this Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, with service of a copy of thepetition upon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed February 23, 1996 to the following parties:
Dennia Good, P.O. Box 1497, Canon City, CO 81212
Valley Manor Care Center, 7530 Market Place Drive, Eden Prairie, MN 55344
Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)
Ralph Ogden, Esq., 1750 Gilpin St., Denver, CO 80218 (For the Claimant)
Steven U. Mullens, Esq., 90 S. Cascade St., Colorado Springs, CO 80903 (For the Claimant)
John R. Mann, Esq., 1660 Wynkoop St., Ste. 900, Denver, CO 80202-1197 (For the Respondents)
Thomas Kanan, Esq., 1700 Broadway, Ste. 1910, Denver, CO 80290 (For the Respondents)
By: _______________________