W.C. No. 3-104-927Industrial Claim Appeals Office.
April 30, 1996
ORDER
The respondents seek review of an order of Administrative Law Judge Martinez (ALJ) dated October 26, 1995. The claimant seeks review of a prior order dated March 30, 1993. We dismiss the petitions to review without prejudice.
On August 18, 1993, we considered the claimant’s previous petition to review the ALJ’s order dated March 30, 1993. We determined that the order was interlocutory because it did not award or deny any penalties or benefits. See § 8-43-301(2), C.R.S. (1995 Cum. Supp.). Instead, the ALJ’s March 30 order merely determined that the claim was compensable and indicated that the ALJ would apply the law as set forth in SB 91-218.
Following entry of our order, the respondents filed a Final Admission of Liability, dated July 24, 1995. The respondents admitted liability for permanent partial disability benefits based on a “working unit” impairment of five percent and a “scheduled injury” of nineteen percent of the upper extremities. The claimant then filed an application for hearing arguing that, under Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333 (Colo.App. 1995), cert. granted, October 30, 1995, the respondents should have admitted for a single whole person impairment.
The matter proceeded to a hearing, and the ALJ entered an order on October 26, 1995. The ALJ determined that the respondents “must pay permanent medical impairment benefits” based on a “whole person for both his spinal and bilateral median neuritis condition.” However, the ALJ went on to state that the parties were required to “seek clarification” of the claimant’s rating from Dr. Sillix. The ALJ also stated that, once clarification was obtained, the respondents were required to file an admission for a single whole person impairment or seek an independent medical examination under § 8-42-107(8)(c), C.R.S. (1995 Cum. Supp.). Following issuance of the October 26 order, the respondents petitioned to review arguing that Mountain City Meat Co. was wrongly decided. Claimant in turn sought review of the March 1993 order insofar as it determined that the provisions of SB 218 apply to this claim.
Initially, we conclude that the October 26, 1995 order is not now subject to review. As we held in our prior order, an ALJ’s order is interlocutory unless it requires the payment of a penalty or benefits, or denies the claimant any benefits or penalty. Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986); § 8-43-301(2).
Here, the October 26 order does not require the respondents to pay any benefit or penalty, nor does it deny the claimant any benefit or penalty. To the contrary, the order states that the respondents have the option of admitting for permanent partial disability benefits or seeking an independent medical examination. The record does not indicate which, if either, of these options the respondents pursued. Consequently, we have no way of determining whether the issue of permanent partial disability has been resolved.
It follows that the claimant’s appeal, as it pertains to the March 1993 order, is also premature and must be dismissed. We note, for future reference, that the ALJ failed to transmit any of the record as it pertains to the March 30, 1993 order. Should this matter be retransmitted for review, the ALJ and the parties are responsible for insuring that the complete record is forwarded to us.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order, dated October 26, 1995, is dismissed without prejudice.
IT IS FURTHER ORDERED that the claimant’s petition to review is dismissed without prejudice.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate the Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, with service of a copy of thepetition upon 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. (1995 Cum. Supp.).
Copies of this decision were mailed April 30, 1996 to the following parties:
Robert W. Cross, 412 Country Club Park, Grand Junction, CO 81503
Western Investigative Services, 6755 Earl Dr., Ste. 102, Colorado Springs, CO 80918-1039
Colorado Compensation Insurance Authority, Attn: Brandee L. DeFalco, Esq. (Interagency Mail)
J. Keith Killian, Esq. Connie K. Ward, Esq., P.O. Box 4848, Grand Junction, CO 81502
(For the Claimant)
Thomas W. Blake, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506
(For the Respondents)
By: ______________________