W.C. No. 4-473-075Industrial Claim Appeals Office.
September 30, 2002
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Mattoon (ALJ) which awarded temporary disability benefits. We remand the matter for further proceedings.
The respondents timely appealed the ALJ’s order dated November 29, 2001, which awarded temporary total disability benefits. A briefing schedule was established which afforded the respondents until June 25, 2002 to file a brief in support of the petition to review. However, by order dated July 8, 2002, the respondents were granted an extension to June 28, 2002.
The record transmitted on review did not contain a brief in support of the petition to review. In fact, the ALJ’s “green sheet” dated August 12, 2002, indicated “No Brief in Support filed.” Consequently, our acknowledgment letter dated August 23, 2002, so notified the parties that the record contained no brief from the respondents and granted the parties 10 days to provide a copy of any timely filed brief. In response to our letter, the respondents sent a copy of their Brief in Support of the Petition to Review which was filed with the ALJ on June 28, 2002.
Apparently, the ALJ has not had an opportunity to consider the respondents’ brief. Under these circumstances, we conclude that the record was prematurely transmitted to us, and must be remanded to the ALJ for consideration of the respondents’ brief and further action as provided by § 8-43-301(4), C.R.S. 2002.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings in accordance with § 8-43-301(4).
INDUSTRIAL CLAIM APPEALS PANEL ____________________________________ Kathy E. Dean ____________________________________ Robert M. Socolofsky
Copies of this decision were mailed September 30, 2002 to the following parties:
Maria Aguilar, 7 Alamo Rd., Pueblo, CO. 81003
Matrix Logistics, Inc., 500 Charter Oak Ranch Rd., Fountain, CO. 80817
CNA Insurance Companies, c/o Dave Reed, RSKCo, P. O. Box 5408, Denver, CO. 80217-5408
Dave Reed, CNA Insurance Companies, 10333 E. Dry Creek Rd., Englewood, CO. 80112
Gordon J. Heuser, Esq., 625 N. Cascade, #300, Colorado Springs, CO. 80903 (For Claimant)
Scott M. Busser, Esq., 300 S. Jackson St., #570, Denver, CO. 80209 (For Respondents)
BY: A. Hurtado