W.C. No. 4-477-971Industrial Claim Appeals Office.
September 26, 2001
ORDER
The respondents have filed a Petition to Review an order of Administrative Law Judge Wheelock (ALJ) dated March 15, 2001. We dismiss the Petition to Review without prejudice.
Under § 8-43-301(2), C.R.S. 2001, 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). Further, orders which determine liability without determining the amount of benefits to be awarded are not final and appealable. United Parcel Service, Inc. v. Industrial Claim Appeals Office, 988 P.2d 1146
(Colo.App. 1999).
Here, the ALJ determined the claimant suffered a compensable low back injury on October 7, 2000, which arose out of and in the course of employment with the respondent-employer. The ALJ also denied temporary disability benefits.
Admittedly, the ALJ’s order denied the “claimant a benefit” within the meaning of § 8-43-301(2). However, the respondents do not dispute that part of the order and the claimant has not filed a petition to review. See Oxford Chemicals Inc., v. Richardson, 782 P.2d 843
(Colo.App. 1986) (order may be partially final and partially not final).
Rather, the issue on appeal is whether the ALJ erroneously found the claimant suffered a compensable injury. However, the ALJ did not order the respondents to pay any specific benefit or penalty. To the contrary, the ALJ explicitly reserved all other issues for future determination. Because the ALJ’s order does not determine the amount of the respondents’ liability for workers’ compensation benefits it is not a final order and is not currently subject to review. Consequently, we must dismiss the respondents’ Petition to Review. See Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ Petition to Review the ALJ’s order dated March 15, 2001, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2001. 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 decision were mailed September 26, 2001 to the following parties:
Ricky Williams, 3804 Azalea, Pueblo, CO 81005
Rhett Belser, NUCO International, P.O. Box 410856, Kansas City, MO 64141
CIGNA Insurance Company, Gwen Brightwell, ESIS, P. O. Box 2941, Greenwood Village, CO 80150-0141
Barkley D. Heuser, Esq., 625 N. Cascade, #300, Colorado Springs, CO 80903 (For Claimant)
James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
BY: A. Pendroy