W.C. No. 4-273-205Industrial Claim Appeals Office.
January 8, 1997
ORDER
The respondents filed a Petition to Review an order issued by Administrative Law Judge Wells (ALJ), dated June 11, 1996. We dismiss the Petition without prejudice.
Pursuant to section 8-43-301(2), C.R.S. (1996 Cum. Supp.), a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Similarly, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by § 8-43-301(2). Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843
(Colo.App. 1989); C F I Steel Corp. v. Industrial Commission, 650 P.2d 1332 (Colo.App. 1982).
The sole issue before the ALJ was compensability. The ALJ found that the claimant did not execute an effective election of remedies under § 8-41-203(1), C.R.S. (1996 Cum. Supp.), to reject benefits under the Colorado Workers’ Compensation Act (Act). Consequently, the ALJ determined that the claimant is entitled to workers’ compensation benefits for injuries sustained during an automobile accident arising out of and in the course of her employment for Nurses House Call. Further, the ALJ ordered the respondents to “pay all reasonable medical expenses incurred by the claimant as a result of the work related injury.” However, the ALJ did not award any specific medical benefits, and no specific medical benefits were sought.
Under these circumstances, the June 11 order it is not a final order within the meaning of § 8-43-301(2). Consequently, the ALJ’s order is interlocutory and not currently subject to review. Director of Division of Labor v. Smith, 725 P.2d 1161
(Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ Petition to Review the ALJ’s order dated June 11, 1996, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
NOTICE
An action to modify or vacate this Order may be is commencedin the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO80203, by filing a petition for review with the court, withservice of a copy of the petition upon the Industrial ClaimAppeals Office and all other parties, within twenty (20) daysafter the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. (1996 Cum. Supp.).
Copies of this decision were mailed January 8, 1997 to the following parties:
Lori Barney, 3252 Oak Creek East, Colorado Springs, CO 80906
Hooper Holmes, Inc. Hooper Holmes Health Care, Inc., Nurses House Call, 5801 N. Union Blvd., B-114, Colorado Springs, CO 80918
Liberty Mutual Ins. Co., Attn: Kelle Walker, 13111 E. Briarwood Ave., #100, Englewood, CO 80112
Martin D. Kuhn, Esq., 21 E. Monument St., Colorado Springs, CO 80903 (For the Claimant)
Raymond A. Melton, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For the Respondents)
By: ______________________________________________