W.C. No. 4-238-099Industrial Claim Appeals Office.
August 18, 1997
ORDER OF REMAND
This matter has been remanded by the Court of Appeals in an opinion dated June 19, 1997, in case No. 96CA1545. Mandate issued on July 10, 1995. The Court set aside our order dated August 15, 1996, which affirmed an order issued by Administrative Law Judge Martinez (ALJ) dated January 31, 1996.
Based upon the Supreme Court’s holding in Christie v. Coors Transportation Co., 933 P.2d 1330 (Colo. 1997), the court held that we erred in concluding that the ALJ applied the correct legal standard to find that the claimant is permanently totally disabled. Therefore, the Court remanded the matter for further findings and the redetermination of the claimant’s permanent disability under the legal standards set forth in §8-40-201(16.5)(a), C.R.S. (1996 Cum. Supp.).
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.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Bill Whitacre
Copies of this decision were mailed August 18, 1997 to the following parties:
Raymond E. Thompson, Sr., 24998 County Road F, Cortez, CO 81321-9534
Pool Company, 2124 S. Broadway, Cortez, CO 81321-9534
Reliance National Indemnity Co., % Lindsey Morden Claims Service, Attn: Steve Bulmer, 7430 E. Caley Ste. 110, Englewood, CO 80111
Special Funds Unit, Attn: Barbara Carter (Interagency Mail)
Bethiah Beale Crane, Esq., 575 E. College Dr., Durango, CO 81301 (For the Claimant)
Eliot Wiener, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Respondents)
Roxanne D. Baca Esq., Office of the Attorney General, 1525 Sherman St., 5th Flr., Denver, CO 80203 (For SIF)
By: _______________________________