W.C. No. 4-160-080Industrial Claim Appeals Office.
September 28, 1998
ORDER OF REMAND
This matter has been remanded pursuant to the court’s decision in Cesario v. Building Services Systems, Inc., ___ P.2d ___ (Colo.App. No. 97CA0658, December 11, 1997), cert. denied
September 21, 1998. Mandate was issued on September 23, 1998.
The court concluded that we erroneously upheld an order of Administrative Law Judge Gandy (ALJ), which determined that the claimant failed to establish a mistake of law concerning whether his permanent total disability benefits are subject to an offset under § 8-42-103(1)(d)(I), C.R.S. 1997. Therefore, the court set aside our order and remanded the matter with directions that a “determination be made whether a discretionary reopening of the claim is justified under § 8-43-303.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s order.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Rob Socolofsky
Copies of this decision were mailed September 28, 1998 to the following parties:
Ray Cesario, 1306 Inverness Drive, Lafayette, CO 80026
Building Services Systems, Inc., c/o CCIA (Interagency Mail)
Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder Esq., (Interagency Mail)
Special Funds — Interagency
Katherine H.R. Mackey, Esq., 1700 Broadway, Ste. 1910, Denver, CO 80290 (For the Respondents)
John G. Taussig, Jr., Esq., 1919 14th St., Ste. 805, Boulder, CO 80302 (For the Claimant)
Jill Gallett, Esq., A.A.G., Office of Attorney General, Human Resources Section, 1525 Sherman, 5th Flr., Denver, CO 80203 (For SIF)
BY: _______________________