W.C. No. 4-165-084Industrial Claim Appeals Office.
January 16, 1997
ORDER OF REMAND
The respondent, Alert Security Systems, Inc., seeks review of a final order of Administrative Law Judge Wells (ALJ) holding it liable for medical benefits. We set the order aside and remand for entry of a new order.
The ALJ’s order finds that the claimant sustained a compensable injury on January 11, 1993, and incurred medical expenses as a result. The order also states the following:
“A dispute arose whether or not the Claimant’s Employer at the time of the injury was Alert Security Systems, Inc. or Alert Security Patrol, Inc. The Claimant testified that he worked for Alert Security Systems, Inc. while Lloyd Moreau testified that the Claimant worked for Alert Security Patrol, Inc. The Court believes, after examining the equities of the case, that this order shall apply jointly and severally against both Alert Security Patrol, Inc. and Alert Security Systems, Inc.”
In accordance with this conclusion, the ALJ held Alert Security Systems, Inc. and Alert Security Patrol, Inc. jointly and severally liable for the medical benefits.
Respondent Alert Security Systems, Inc. filed a petition to review. The petition asserts that the claimant was employed by Alert Security Patrol, Inc., and that the order, insofar as it pertains to Alert Security Systems, Inc., should be dismissed and “refined to the proper employer for that time period.”
Pursuant to § 8-43-301(8), C.R.S. (1996 Cum. Supp.), we may set aside an order where the findings of fact are not sufficient to permit appellate review. Although an ALJ is not held to a crystalline standard in expressing the findings of fact, and is not required to address every piece of evidence, the findings must be sufficient to indicate that evidence which the ALJ deemed persuasive and determinative of the issues involved. Riddle v. Ampex Corp., 839 P.2d 489 (Colo.App. 1992).
Here, the issue is whether one or both of the putative employers is liable for the claimant’s medical benefits. The order merely notes the existence of a conflict in the evidence, and contains no specific findings of fact in support of the ALJ’s legal conclusion that the “equities of the case” support imposition of joint and several liability. In this regard, we note that equitable remedies which permit the disregard of a corporate entity typically require particular findings of fact E.g., Smithour v. American Dream Enterprises, Inc., 778 P.2d 302
(Colo.App. 1989) (fact that corporation did not maintain workers’ compensation insurance was not, standing alone, sufficient to impose individual liability on the shareholders of the corporation).
Under these circumstances, the matter must be remanded for entry of a new order. The ALJ shall enter specific findings of fact and conclusions of law determining the identity of the claimant’s employer or employers.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 5, 1996, is set aside, and the matter is remanded for entry of a new order consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
Copies of this decision were mailed January 16, 1997 to the following parties:
Ralph D. Curtis, 3586 D, Van Teylingen Dr., Colorado Springs, CO 80917
Alert Security Systems, Inc., 4413 Austin Bluffs Pkwy., Colorado Springs, CO 80918
Alert Security Patrol, 2850 Serendipity Circle, Ste. 202, Colorado Springs, CO 80917
Lloyd Moreau, 4413 Austin Bluffs Pkwy., Colorado Springs, CO 80918
Patricia Nolan, 4413 Austin Bluffs Pkwy., Colorado Springs, CO 80918
Martin D. Kuhn, Esq., 21 E. Monument St., Colorado Springs, CO 80903 (For the Claimant)
By: ______________________________________________