W.C. No. 4-191-343Industrial Claim Appeals Office.
September 27, 1995
ORDER
The respondents seek review of an order of Administrative Law Judge Stuber (ALJ) dated November 30, 1994. The respondents contend that the ALJ erroneously awarded temporary total disability benefits where the claimant was already receiving permanent total disability benefits. We dismiss the petition to review without prejudice.
Pursuant to section 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989); C F I Steel Corp. v. Industrial Commission, 650 P.2d 1332 (Colo.App. 1982).
Here, the ALJ found that the claimant is entitled to temporary total disability benefits commencing November 5, 1993. However, the ALJ did not enter an order concerning the amount of temporary total disability benefits to be awarded, because there was no agreement concerning the claimant’s average weekly wage, and the issue was not litigated. The ALJ’s order also reserves “for future determination,” all matters not determined by the order.
Under these circumstances, the ALJ’s order does not award any specific benefits, nor does it deny the claimant any benefit or penalty. Consequently, it is not a “final order” and is not currently subject to review. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ petition to review dated December 16, 1994, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE
An action to modify or vacate this Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filinga petition for 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 this Order is mailed, pursuant tosection 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed September 27, 1995 to the following parties:
Clarence K. Rowe, 1305 S. Gaylord St., Denver, CO 80210
That Personal Touch Catering, Inc., 6553 S. Revere Parkway, Englewood, CO 80111
Colorado Compensation Insurance Authority, Attn: M. Steiner, Esq., — Interagency Mail
Richard T. Gould, Esq., 1017 S. Gaylord St., Denver, CO 80209 (For the Claimant)
Alan Epstein, Esq., 1200 17th St., Ste. 1700, Denver, CO 80202 (For the Respondents)
BY: _______________________