IN RE ATENCIO, W.C. No. 4-350-555 (3/28/00)


IN THE MATTER OF THE CLAIM OF PETE ATENCIO, Claimant v. J. B. Q. AND ALLEN, INC. and/or M. CLINE, INC., Employers and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 4-350-555Industrial Claim Appeals Office.
March 28, 2000

ORDER OF REMAND

This matter comes before us on the respondents’ motion to remand the matter for completion of the briefing schedule. We grant the motion and remand.

The claimant and respondents petitioned separately for review of an order of Administrative Law Judge Mattoon (ALJ) dated October 13, 1999. A briefing schedule was established which required the filing of opening briefs by January 10. However, the respondents were granted an extension of time to January 31, 2000, to file a brief in support of their petition to review. On January 24, 2000, an order was entered granting the claimant an extension of time to file a combined brief in support of his petition to review and opposition brief to the respondents’ petition to review. The order also provided that the respondents’ opposition brief was due within twenty days of the filing of the claimant’s combined brief. The claimant was subsequently granted an extension of time to February 28, 2000 for the filing of his combined brief.

The claimant’s combined brief was filed on February 28, 2000. Consequently, the respondents’ opposition brief was due March 20, 2000. See § 2-4-108(2), C.R.S. 1999. However, on March 6, 2000, the record was “green sheeted” to us for review.

Moreover, on February 20, 2000 the respondents requested an extension of time to file their opposition brief. Because the record was prematurely transmitted for review, the ALJ did not consider the respondents’ motion. Under these circumstances, it is appropriate to remand the matter to the ALJ for completion of the briefing schedule, and consideration of the respondents’ motion for an extension of time.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the briefing schedule and further proceedings in accordance with § 8-43-301(4), C.R.S. 1999.

INDUSTRIAL CLAIM APPEALS PANEL ____________________________________ Kathy E. Dean ____________________________________ Robert M. Socolofsky

Copies of this decision were mailed March 28, 2000
to the following parties:

Pete Atencio, P. O. Box 541, Romero, CO 81148

J. B. Q. and Allen, Inc., 1012 East Ave., Alamosa, CO 81101-3435

M. Cline, Inc., Valley Trenching, 720 S. Colorado Blvd., #100N, Denver, CO 80246

Gordon J. Heuser, Esq., 625 N. Cascade Ave., #300, Colorado Springs, CO 80903 (For Claimant)

Curt Kriksciun, Esq., Colorado Compensation Insurance Authority dba Pinnacol Assurance —

Interagency Mail (For Respondents M. Cline, Inc. and CCIA dba Pinnacol Assurance)

Jeff Francis, Esq., 940 Wadsworth Blvd., #400, Lakewood, CO 80215

(For Respondent J. B. Q. and Allen, Inc.)

Stephen A. Jones, Esq., 600 17th St., #1600N, Denver, CO 80202

BY: A. Pendroy