IN RE ALVAREZ, W.C. No. 4-354-849 (11/27/02)


IN THE MATTER OF THE CLAIM OF CLEMENCIA LUNA DE ALVAREZ, Claimant, v. ASPEN PRODUCE, LLC, Employer, and PINNACOL ASSURANCE, Insurer, Respondent.

W.C. No. 4-354-849Industrial Claim Appeals Office.
November 27, 2002

ORDER OF REMAND
The claimant seeks review of orders of Prehearing Administrative Law Judge DeMarino (PALJ) dated October 2 and October 4, 2002. The record was transmitted to us for review on November 13, 2002. However, the record does not contain a brief in opposition to the petition to review. We remand the matter for completion of the briefing schedule.

Section 8-43-301(4), C.R.S. 2002, provides that:

“[W]hen the record upon which a petition to review has been filed is complete, the parties shall be notified in writing. The petitioner shall have twenty days after the date of the certificate of mailing of the notice to file a brief in support of the petition. The opposing parties shall have twenty days after the date of the certificate of mailing of the petitioners’ brief to file briefs in opposition thereto.”

A notice of briefing schedule was issued on October 28, 2002. The claimant’s brief in support of the petition to review contains a certificate of mailing dated November 12, 2002. Accordingly, the respondents’ brief is not due until December 2, 2002. Under these circumstances, the record was prematurely transmitted to us, and must be remanded to the Division of Administrative Hearings for completion of the briefing schedule. Upon completion of the briefing schedule the ALJ shall issue a supplemental order or retransmit the file to us for review as provided by § 8-43-301(4).

IT IS THEREFORE ORDERED that the matter is remanded for completion of the briefing schedule and further proceedings as provided by § 8-43-301(4).

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________

Kathy E. Dean

____________________________________

Bill Whitacre

Copies of this decision were mailed __________November 27, 2002 ________to the following parties:

Clemencia Alvarez, P. O. Box 275, Center, CO 81125-0275

Aspen Produce LLC, P. O. Box 1179, Center, CO 81125

Legal Department, Pinnacol Assurance — Interagency Mail Michael W. Seckar, Esq., 402 W. 12th St., Pueblo, CO 81003 (For Claimant)

Amanda A. Mitchell, Esq., 600 17th St., #1600N, Denver, CO 80202 (For Respondents)

BY: A. Hurtado