W.C. Nos. 4-393-087, 4-393-085 4-408-627Industrial Claim Appeals Office.
March 30, 2001
ORDER
Westwind Campus of Care (Westwind) and its insurer, Industrial Indemnity (the respondents) seek review of an order of Administrative Law Judge Mattoon (ALJ) dated May 16, 2000. We dismiss the appeal without prejudice for lack of a final order.
Under § 8-43-301(2), C.R.S. 2000, 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). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989); CF I Steel Corp. v. Industrial Commission, 731 P.2d 144 (Colo.App. 1986); Great West Casualty Co. v. Tolbert, (Colo.App. No. 90CA0046, October 4, 1990) (not selected for publication) (order requiring payment of benefits “to which the claimant may be entitled” was not yet reviewable).
The sole issues before the ALJ were compensability and medical benefits. The ALJ determined the claimant suffered an occupational disease, and was last injuriously exposed and suffered a substantial, permanent aggravation while employed by Westwind. The ALJ also found that Dr. Wofford and Dr. Simonich are authorized to treat the injury.
However, the ALJ did not award any specific benefits. Rather the ALJ expressly reserved all other issues for future determination. Under these circumstances, the May 16 order does not award or deny any “benefit” within the meaning of §8-43-301(2). Therefore, the ALJ’s order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ petition for review of the ALJ’s order dated May 16, 2000, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed March 30, 2001 to the following parties:
Marlena Carraher, 1107 W. 11th St., Pueblo, CO 81003
Paula del Priore, NHA, Westwind Campus of Care, 2515 Pitman Pl., Pueblo, CO 81004
Living Centers Rocky Mountain d/b/a Belmont Lodge, 895 S. Monaco Pkwy., #32, Denver, CO 80224-1501
Industrial Indemnity, 1471 Shoreline Dr., #200, Boise, ID 83702
Ruth Ann Coffrin, RSKCo, P. O. Box 5307, Denver, CO 80217-5307
James R. Koncilja, Esq., 125 W. “B” St., Pueblo, CO 81003 (For Claimant)
William A. Richardson, Esq., 400 Sussex Building, 1430 Larimer Square, Denver, CO 80202 (For Respondents Westwind Campus of Care and Industrial Indemnity)
Carol A. Finley, Esq., 111 S. Tejon St., #700, Colorado Springs, CO 80903 (For Respondents Living Centers Rocky Mountain d/b/a Belmont Lodge and RSKCo)
BY: A. Pendroy