W.C. No. 4-510-204Industrial Claim Appeals Office.
June 25, 2004
FINAL ORDER
This matter is before us pursuant to a letter dated June 14, 2004, from a paralegal for claimant’s counsel. We consider this letter as a motion to consider a brief in support of the claimant’s petition to review the order of Administrative Law Judge Felter (ALJ) dated January 30, 2004.
Our Final Order dated June 3, 2004, affirmed ALJ Felter’s order. Our order stated that the claimant failed to file a brief in support of his petition to review ALJ Felter’s order. Indeed, the file did not contain a brief from the claimant when it was submitted for our review.
The June 14 letter states a brief was “filed and date stamped as being filed with the Division on March 15, 2004.” A copy of the brief is attached to the letter.
Our review of the brief reveals a stamp marking the document “RECEIVED March 15 2004 DIVISION OF WORKERS’ COMPENSATION CUSTOMER SERVICE.” The certificate of mailing certifies hand delivery to “Division of Labor 1515 Arapahoe Street Denver, CO 80202 Attention: File Room.”
However, in this case the order under review was issued by an ALJ, who is an employee of the Division of Administrative Hearings (DOAH), located at 1120 Lincoln Street, Room 1400, Denver Colorado 80203. Because the ALJ, not the Director of the Division of Workers’ Compensation (Director) entered the order, the brief should have been filed with the ALJ at the DOAH offices, not the Department of Labor. See Section 8-43-301(2)-(5), C.R.S. 2003 (petitions to review to be filed with Director or ALJ depending on which authority entered the order and establishing procedures for separate consideration of petitions to review); Rule of Procedure VII (B)(3), 7 Code Colo. Reg. 1101-3 at 18 (providing for separate filing of petitions depending on whether Director or ALJ entered the order); Rule of Procedure VII (C)(2), 7 Code Colo. Reg. 1101-3 at 19 (providing that briefing schedules are to be established by the Director or ALJ as appropriate); Rule of Procedure VIII (M), 7 Code Colo. Reg. 1101-3 at 31-31.02 (establishing procedures concerning filing of documents before Director and DOAH).
It follows that the brief was not properly filed and is not part of the record in this case. In any event, the brief would not alter our conclusions concerning the sufficiency of the evidence to support the ALJ’s order. Our Final Order of June 3 remains in full force.
IT IS THEREFORE ORDERED that the claimant’s request that we consider the brief submitted on June 14, 2004, is denied.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a Petition to Review with the Court, within twenty (20) days after the date this Order was mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2003. The appealing party must serve a copy of the Petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this order were mailed to the parties at the addresses shown below on June 25, 2004 by A. Hurtado.
Donald Clark, 10151 E. Beechwood Dr., Parker, CO 80138
Albert A. Jerman, #53, Kaiser Hill Company, 10808 Highway 93, Unit B, Bldg. T130G, Golden, CO 80403-8200
Legal Department, Pinnacol Assurance — Interagency Mail
Marshall A. Fogel, Esq., 1199 Bannock St., Denver, CO 80204 (For Claimant)
Anne Smith Myers, Esq. and Willow I. Arnold, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondents)