W.C. No. 4-207-213Industrial Claim Appeals Office.
August 21, 1997
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals in Colorado Mental Health Institute v. Austill, ___ P.2d ___ (Colo.App. No. 96CA0812, June 26, 1997), which was mandated on July 14, 1997. In view of the holdings i Askew v. Industrial Claim Appeals Office, 927 P.2d 1333 (Colo. 1996), and Baldwin Construction Inc., v. Industrial Claim Appeals Office, 937 P.2d 895 (Colo.App. 1997), the court concluded that we erred in affirming an order of Administrative Law Judge Stuber (ALJ) which held the respondents liable for one hundred percent of the claimant’s permanent total disability. Therefore, the court set aside our order dated April 15, 1996, and remanded the matter for further findings and the entry of a new order concerning the apportionment of permanent total disabilit .
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further findings and the entry of a new order consistent with the court’s opinion in Colorado Mental Health Institute v. Austill, supra.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Dona Halsey
Copies of this decision were mailed August 21, 1997 to the following parties:
Barbara J. Austill, 5124 S. Perry St., Littleton, CO 80123
Colorado Mental Health Institute, P.O. Box 260729, Lakewood, CO 80226-0729
Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq. (Interagency Mail)
Pepe J. Mendez, Esq., 700 Broadway, Ste. 1101, Denver, CO 80203 (For the Claimant)
Jean E. Dubofsky, Esq., 1881 9th St. Ste. 210, Boulder, CO 80302
By: _______________________________