W.C. No. 4-130-743Industrial Claim Appeals Office.
November 27, 1996
CORRECTED ORDER
This matter is before us pursuant to the respondents’ “Motion for Corrective Order.” The respondents point out that our Final Order, dated November 20, 1996, contains a typographical error in the last paragraph on page 3. Specifically, our order states that the “respondents” made a constitutional challenge to § 8-42-107.5, C.R.S. (1996 Cum. Supp.), when in fact it was the claimant who made the challenge.
Under these circumstances, the last paragraph on page 3 of our Final Order must be corrected to read as follows:
“The claimant argues that the Murphy court’s interpretation of § 8-42- 107.5, and its application here, constitutes a denial of due process of law and equal protection of the laws. However, as both parties concede, determining the constitutionality of a statute is a matter beyond our jurisdiction. Kinterknecht v. Industrial Commission, 175 Colo. 60, 485 P.2d 721 (1971).”
Otherwise, our Final Order is adopted herein as if fully set forth.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 14, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify orvacate the Order is commenced in the Colorado Court of Appeals, 2East 14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of the petitionupon 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. (1996 Cum.Supp.).
Copies of this decision were mailed November 27, 1996
to the following parties:
Garry Bowman, 1945 S. Cherry St., #367, Denver, CO 80222
JVK Enterprises, John Connell, Esq. Dawn Stockton, Esq., Larimer Corporate Plaza, 1675 Larimer St., Ste. 710, Denver, CO 80202 (Interagency Mail) % Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq. (Interagency Mail)
Jeffrey A. Goldstein, Esq., 1763 Franklin St., Denver, CO 80218 (For the Claimant)
John Connell, Esq. Dawn Stockton, Esq., Larimer Corporate Plaza, 1675 Larimer St., Ste. 710 Denver, CO 80202 (For the Respondent-Employer)
By: ___________________________________________________