W.C. No. 4-007-737Industrial Claim Appeals Office.
December 16, 1996
ORDER
On November 16, 1996, we entered a Final Order affirming an order of Administrative Law Judge Gandy (ALJ) which, in part, denied a claim for permanent partial disability benefits based upon a working unit disability. On December 3, 1996, the claimant filed a “Motion to Reconsider and Remand.”
Insofar as the claimant requests that we reconsider our conclusion that the ALJ did not err in awarding permanent partial disability benefits based upon a scheduled disability, we are not persuaded to issue a corrected order under § 8-43-302(1)(b), C.R.S. (1996 Cum. Supp.). Furthermore, to the extent that the claimant contends that the evidence supports a petition to reopen the claim on the issue of permanent disability, that argument was not before the ALJ, and thus, is not currently subject to appellate review.
IT IS THEREFORE ORDERED that the claimant’s “Motion to Reconsider and Remand” is denied.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
Copies of this decision were mailed December 16, 1996
to the following parties:
Juan Amezquita, 21525 Weld County Rd., No. R-1, Ft. Morgan, CO 80701
EXCEL Corporation, Erin Hatfield, Workers Compensation Coordinator, C.S. 4100, Ft. Morgan, CO 80701
Crawford Co., Attn: Gina Griego, P.O. Box 340, Greeley, CO 80632
Allen J. Kincaid, Esq., 6312 S. Fiddler’s Green Cir., Ste. 270N, MCI Plaza, Englewood, CO 80111 (For the Claimant)
Tama L. Levine, Esq., 1290 Broadway, Ste. 708, Denver, CO 80203 (For the Respondent)
BY: _______________________