IN RE ASKEW, W.C. No. 4-113-214 (1/21/97)


IN THE MATTER OF THE CLAIM OF ROBERT L. ASKEW, Claimant, v. SEARS ROEBUCK CO., Employer, and ALLSTATE INSURANCE COMPANY, Insurer, Respondents.

Industrial Claim Appeals Office.
W.C. No. 4-113-214
January 21, 1997

ORDER OF REMAND

This matter is before us pursuant to the opinion of the Supreme Court in Askew v. Industrial Claim Appeals Office, ___ P.2d ___ (Sup.Ct. No. 95SC489, December 3, 1996), which was mandated on December 31, 1996. In an order dated October 24, 1994, we affirmed an order of Administrative Law Judge Friend (ALJ) which apportioned the claimant’s medical impairment benefits due to a pre-existing degenerative disease. The Court of Appeals affirmed our order in Askew v. Industrial Claim Appeals Office, 914 P.2d 416 (Colo.App. 1995).

However, the Supreme Court held that under the facts of this claim, no apportionment was appropriate. Therefore, the court reversed the decision of the Court of Appeals and remanded for further proceedings. Accordingly, in a mandate dated January 9, 1997, the Court of Appeals reversed our order of October 24, 1994, and remanded the matter.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the supreme court’s opinion.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ Kathy E. Dean
____________________________________ Dona Halsey

Copies of this decision were mailed January 21, 1997 to the following parties:

Robert L Askew, 4321 S. Braun Ct., Morrison, CO 80465

Sears Roebuck Co., 100 Mesa Mall, Grand Junction, CO 81505

Allstate Insurance Company, P.O. Box 2916, Shawnee Mission, KS 66201

Faye Boyd, Coordinator IME — Interagency Mail

Janet Frickey, Esq., 940 Wadsworth, 4th Flr., Lakewood, CO 80215 (For the claimant)

Eliot J. Wiener, Esq., 999 18th St., #3100, Denver, CO 80202 (For the Respondents)

Jean E. Dubofsky, Esq., 1881 Ninth St., Ste. 210, Denver, CO 80302

By: ______________________________________________