W.C. No. 4-242-196Industrial Claim Appeals Office.
July 9, 1996
ORDER
Respondents M M Management Company and National Union Fire Insurance Company (National Union respondents) seek review of an “Order” of Administrative Law Judge Rumler (ALJ) which denied their motion to dismiss. We dismiss the petition to review without prejudice.
The National Union respondents moved to dismiss the claim for benefits alleging that, under the doctrine of collateral estoppel, the claimant was barred from proceeding against them. In the Order dated December 21, 1995, the ALJ determined that collateral estoppel does not preclude the claimant from proceeding against the respondents, and therefore, denied the motion to dismiss. The National Union respondents petitioned to review the Order.
Pursuant to § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party may file a petition to review an order which requires any party to pay a benefit or penalty, or denies the claimant any benefit or penalty. Orders which do not require payment of a benefit or penalty, or deny the claimant any benefit or penalty, are interlocutory and not subject to review. See United States Fidelity and Guaranty, Inc. v. Kourlis, 868 P.2d 1158
(Colo.App. 1994); Director of the Division of Labor v. Smith, 725 P.2d 1161
(Colo.App. 1986).
Here, the ALJ’s denial of the respondents’ motion to dismiss did not require the payment of any benefit or penalty, nor does it deny the claimant any benefit or penalty. Therefore, the order is interlocutory and not currently subject to our review.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated December 21, 1995, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate the Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, with service of a copy of thepetition upon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed July 9, 1996 to the following parties:
Paul Antonow, 3130 W. Louisiana Ave., Denver, CO 80219
Disabled American Veterans, 1400 S. Federal Blvd., Denver, CO 80219-4721
M M Management Company, Attn: Jeff Sponseller, P.O. Box 1747, Ventura, CA 93002
Colorado Compensation Insurance Authority, Marjorie J. Long, Esq. Interagency Mail
National Union Fire Insurance Company, % AIG Claims Services, Attn: Steve Krusko, P.O. Box 32130, Phoenix, AZ 85064
Christopher B. Dominick, Esq., 1650 Emerson St., Denver, CO 80218 (For Claimant)
Richard A. Bovarnick, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For National Union Fire Ins. Co. Respondents)
Frank Cavanaugh, Esq. Thomas M. Schrant, Esq., 3464 S. Willow St., Denver, CO 80231-4566 (For CCIA Respondents)
Steven Maier and Maier Painting Maintenance, 4465 N. Osceola, Denver, CO 80212
Steven Maier and Maier Painting Maintenance, 549 Ridge Road, Littleton, CO 80120
By: _________________________