W.C. No. 4-267-190.Industrial Claim Appeals Office.
November 9, 1999.
ORDER OF REMAND.
This matter is before us pursuant to the respondents’ Motion to Remand. As the respondents allege in their motion, the Administrative Law Judge (ALJ) granted two extensions of time for the claimant to file an opening brief. However, the claimant did not file a brief. Therefore, the respondents correctly assert that they are entitled to 20 days, or until November 15, 1999, to file a brief in opposition to the petition to review. See Rule of Procedure VII (D) (4), 7 Code Colo. Reg. 1101-3 at 20.
Under these circumstances, we agree with the respondents that the matter was prematurely transmitted because the briefing schedule is not yet complete. Consequently, we grant the respondents’ request to remand the matter to afford them an opportunity to file a brief in opposition to the petition to review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ to permit the respondents to file a brief in opposition to the petition to review. When the brief is filed, or the time for filing has run, the ALJ shall retransmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL
_____________________________ David Cain
_____________________________ Robert M. Socolofsky
Copies of this decision were mailed November 9, 1999 to the following parties:
Patrick Coffman, 2100 W. 100th Ave., #370, Thornton, CO 80221.
Irish Drain Service, Attn: Mike R. Irish, P.O. Box 740606, Arvada, CO 80006-0606.
Laurie A. Schoder, Esq., Colorado Compensation Insurance Authority dba Pinnacol Assurance — Interagency Mail, (For Respondents).
Glen B. Goldman, Esq., 999 18th St., #3100, Denver, CO 80202
BY: A. Pendroy