W.C. No. 4-382-047Industrial Claim Appeals Office.
May 31, 2001
FINAL ORDER
The claimant seeks review of orders by Prehearing Administrative Law Judge deMarino (PALJ) dated December 20, 2000, and January 5, 2001. The claimant also seeks review of an order by the Director of the Division of Workers’ Compensation (Director) dated January 5, 2001, which refused to set aside the PALJ’s orders. We dismiss the appeal for lack of a final order.
In late 2000 the claimant requested the respondents to pre-authorize exploratory lumbar surgery to treat his industrial injury. The Rules of Procedure, Part XVI(J), 7 Code Colo. Reg. 1101-3, requires insurers to respond to pre-authorization requests within 5 days. The respondents requested an extension of time to review and respond to the claimant’s request, and the claimant objected. However, on December 20, 2000, the PALJ granted a 20- day extension of time for a response. The PALJ confirmed the extension in an order dated January 5, 2001, and the claimant appealed. The claimant also filed a Petition for Writ of Mandamus with the Director in which he requested that the Director vacate the PALJ’s orders. On January 5, 2001, the Director denied the Petition for Writ of Mandamus and directed the parties to schedule a prehearing conference to resolve the pre-authorization issue.
A prehearing conference was held on January 26, 2001. The record reflects that the respondents denied preauthorization for the surgery. The claimant appealed an order purportedly issued by the PALJ on January 26. However, on May 11, 2001, the claimant withdrew his petition to review that order. Consequently, we only consider the claimant’s petitions to review the PALJ’s orders dated December 20 and January 5.
Under § 8-43-301(2), C.R.S. 2000, 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 concerning procedural issues do not satisfy the statutory definition of an appealable order. American Express v. Industrial Commission, 712 P.2d 1132 (Colo.App. 1985).
Contrary to the claimant’s contentions, the contested orders do not award or deny any benefits or penalties within the meaning of §8-43-301(2). To the contrary, the orders merely allow the respondents additional time to determine whether to grant or deny pre-authorization for the requested surgery. It follows that the contested orders in and of themselves do not deny the claimant medical benefits. Therefore, we conclude that we lack jurisdiction to review the orders at this time, and must dismiss the claimant’s petitions to review.
IT IS THEREFORE ORDERED that the claimant’s petitions to review the PALJ’s orders dated December 20, 2000 and January 5, 2001, and the Director’s order dated January 5, 2001, are dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed May 31, 2001 to the following parties:
Paul Dannaman, P. O. Box 50463-8781, Albuquerque, NM 50463
Susan Jackson, Sturgeon Electric Company, 12150 E. 112th, Henderson, CO 80640
Kevin Krayna, Zurich Insurance Company, P. O. Box 370308, Denver, CO 80237
Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)
Marsha A. Kitch, Esq., 1202 Bergen Pkwy., #311, Evergreen, CO 80439 (For Respondents)
BY: L. Epperson