W.C. Nos. 4-315-484, 3-106-253Industrial Claim Appeals Office.
December 9, 1997
ORDER
The respondents, Union Insurance Company and its insured, Albright Enterprises, Inc., d/b/a Illusions of the Heart (Illusions), have filed a Petition for Review of an order of Administrative Law Judge Martinez (ALJ) dated June 23, 1997. We dismiss the Petition for lack of a final order.
Section 8-43-301(2), C.R.S. 1997, provides that 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). Accordingly, we issued a series of decisions in which we held that a general award of medical benefits is not a final order within the meaning of § 8-43-301(2). See Brown v. Stress Con Corporation, W.C. No. 4-278-440 (June 19, 1997); Davis v. Critters Meat Factory, W.C. No. 3-063-709 (February 28, 1997); Moriarity v. King, W.C. No. 4-202-166 (March 23, 1995).
Here, the claimant sustained an occupational disease in 1992 while working for Illusions. At the time of the injury, Illusions was insured by Union Insurance Company (Union). The claimant’s condition subsequently worsened.
The issue in this case was whether the claimant’s worsened condition is due to a natural progression of the occupational disease, or a substantial, permanent aggravation of the disease due to the claimant’s employment duties while the Colorado Compensation Insurance Company (CCIA) was Illusions’ insurer for workers’ compensation.
The ALJ found that the worsened condition was a natural progression of the occupational disease. Therefore, the ALJ reopened the claim for the 1992 injury, and ordered the respondents to pay all “reasonable medical care and treatment necessary to cure or relieve the effects of the Claimant’s occupational disease.” The ALJ also dismissed the claim against the CCIA, and denied the CCIA’s request for the imposition of a late reporting penalty. All other issues were expressly reserved.
Although the ALJ determined the respondents’ liability for medical benefits, the ALJ did not require them to pay any specific medical expenses. Under these circumstances, the ALJ’s order does not deny the claimant any benefit or require the respondents to pay any benefits. Furthermore, the ALJ denied the CCIA’s penalty request not a penalty requested by the claimant. Therefore, the ALJ’s order is interlocutory and not currently subject to review. 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 June 23, 1997, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Dona Halsey
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 writ of certiorari with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed December 9, 1997 to the following parties:
Mary E. Cruthers, 575 29 + Road, Grand Junction, CO 81504
Illusions of the Heart, 859 E. Grand Ave., Fruita, CO 81521-3017
Cindy Deist, Union Insurance Co., P.O. Box 80439, Lincoln, NE 68501
Colorado Compensation Insurance Authority, Attn: Curt Kriksciun, Esq. (Interagency Mail)
Gregg Van De Mark, Esq., P.O. Box 4848, Grand Junction, CO 81502 (For the Claimant)
Thomas Blake, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506 (For the CCIA Respondents)
Lynn P. Lyon, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Union Respondents)
By: _______________________________