W.C. No. 4-193-243Industrial Claim Appeals Office.
May 27, 1998
ORDER
This matter is before us pursuant to the opinion of the Court of Appeals dated May 22, 1997. The court issued its mandate on April 15, 1998.
In its opinion, the court set aside our order of April 30, 1996, insofar as we held that the claim for benefits is not barred by the statute of limitations. The court remanded with directions to return the matter to the administrative law judge to determine when the claimant recognized the probable compensable nature of his injury. Specifically, the court directed the ALJ to make findings of fact “as to whether claimant requested the August 1991 HIV test, and if so, if and when he reasonably should have inquired about the results of the test.” Further, the court directed the ALJ to determine when the claimant knew or should have known that the HIV test was positive. Finally, the court concluded the ALJ should make factual findings to support any conclusions she might reach to the effect that the claimant had a reasonable excuse for delay in filing his claim and that the employer’s rights were not prejudiced by the delay.
We also note that, on page 2 of its opinion, the court indicated the ALJ may enter the order “with or without an additional hearing.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings and entry of a new order in accordance with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEAL PANEL ________________________________ David Cain ________________________________ Kathy E. Dean
Copies of this decision were mailed May 27, 1998 to the following parties:
Roger Allen, Penelope L. Clor, Esq. William Godsman, Esq., 7450 E. Progress Place, Englewood, CO 80111
Damon Clinical Laboratories, Inc., c/o Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)
Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)
Douglas P. Ruegsegger, Esq. Douglas A. Thomas, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For the Respondents)
Penelope L. Clor, Esq. William Godsman, Esq., 7450 E. Progress Place, Englewood, CO 80111-2108 (For the Claimant)
By: _________________________