W.C. No. 4-383-624Industrial Claim Appeals Office.
February 13, 2002
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals in Brodeur v. Industrial Claim Appeals Office, (Colo.App. No. 01CA0635, December 6, 2001) (not selected for publication). The court issued its mandate on February 4, 2002.
The court remanded with directions that we return the matter to the Administrative Law Judge (ALJ) to determine whether the respondents violated Rules of Procedure XIV (I) and/or (J). Slip op. at 6. Further, if the ALJ finds a violation of either rule, the ALJ is to consider the imposition of penalties under § 8-43-304(1), C.R.S. 2001, in accordance with the Supreme Court’s decision in Holliday v. Bestop, Inc., 23 P.3d 700
(Colo. 2001). Slip op. at 8.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________
David Cain
________________________________
Kathy E. Dean
Copies of this decision were mailed February 13, 2002 to the following parties:
Mary P. Brodeur, 8330 Country Circle, Elizabeth, CO 80107
Interstate Distributor Company, P. O. Box 45999, Tacoma, WA 98445-0999
American Home Insurance, Tina Gustafson, AIG Claim Services, P. O. Box 32130, Phoenix, AZ 85064
Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)
Kathleen M. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
BY: A. Pendroy