W.C. No. 4-206-784Industrial Claim Appeals Office.
November 8, 1995
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Erickson (ALJ) which determined that the claimant suffered a compensable injury. We dismiss the petition to review without prejudice.
The issues before the ALJ were whether the claimant sustained a compensable injury and “medical benefits.” The ALJ found that the claimant sustained a compensable injury and “reserved” the issue of medical benefits, apparently because “no testimony was presented” on the issue.
On review, the respondents contend that the ALJ erred in finding a compensable injury and in declining to determine the issue of medical benefits. We dismiss the petition to review because the order is not currently reviewable.
Pursuant to § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party “dissatisfied with an order” may file a petition to review if the order requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty. Orders which do not award or deny benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989); Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
Here, the ALJ’s order does not award or deny any specific benefits. The order reserves the question of whether the claimant is entitled to medical benefits, and therefore, that issue has not yet been determined. Consequently, the order is not currently subject to review. Director of the Division of Labor v. Smith, supra.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order, dated June 16, 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 November 8, 1995 to the following parties:
Steven Quinonez, 3066 S. Joslin Ct., Denver, CO 80227
Henkels McCoy, P.O. Box 56050, Chicago, IL 60656-0050
Liberty Mutual Insurance Co., 13111 E. Briarwood Ave., #100, Englewood, CO 80112
Raymond A. Melton, Esq., 1120 Lincoln St., Ste. 1606, Denver, CO 80203
(For the Respondents)
Martin Nelson, Esq., 5601 S. Broadway, Ste. 207, Littleton, CO 80121-1180
(For the Claimant)
By: ________________________