W.C. No. 4-114-314Industrial Claim Appeals Office.
October 13, 2000
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated July 13, 2000. The court issued its mandate on September 13, 2000.
On October 27, 1999, we entered a Final Order affirming Administrative Law Judge Stuber’s (ALJ) award of whole person medical impairment benefits. In its opinion, the Court of Appeals directed that the matter be remanded to the ALJ with instructions to “clarify whether a rating should be assigned” to the claimant’s sleep disorder. The court further stated that if the ALJ “assigns a rating to the sleep disorder, then the Panel’s order awarding whole person impairment shall stand affirmed, subject to employer’s right to appeal the rating assigned.” Finally, the court stated that if the ALJ “determines that no rating should be assigned, then the Panel’s order shall be set aside, and the ALJ shall award benefits under the schedule as set forth in the first ALJ’s order.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
Copies of this decision were mailed October 13, 2000
to the following parties:
Gloria R. Berumen, 485 Crestmoor Rd., Canon City, CO 81212
Marilyn Graves, Arapahoe County Personnel Dept., 5334 S. Prince St., Littleton, CO 80166
Judy Montoya, CIRSA, 950 S. Cherry St., #800, Denver, CO 80222
Occupational Health Management Services, P. O. Box 173682, Denver, CO 80217-3682
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For Claimant)
Anne Smith Myers, Esq. and Benjamin E. Tracy, Esq., 3900 E. Mexico, #1000, Denver, CO 80210 (For Respondents)
By: A. Pendroy