IN RE DANNAMAN, W.C. No. 4-382-047 (12/04/00)


IN THE MATTER OF THE CLAIM OF PAUL DANNAMAN, Claimant, v. STURGEON ELECTRIC COMPANY, Employer, and ZURICH INSURANCE COMPANY, Insurer, Respondent.

W.C. No. 4-382-047Industrial Claim Appeals Office.
December 4, 2000

ORDER OF REMAND
The claimant seeks review of an order of Prehearing Administrative Law Judge Thomas DeMarino (PALJ) dated October 2, 2000. We remand the matter for completion of the briefing schedule.

The claimant timely appealed the PALJ’s order. On October 25, 2000, the Division of Workers’ Compensation issued a notice of briefing schedule under the provisions of § 8-43-301(4), C.R.S. 2000. The claimant’s brief in support of the petition to review was mailed to the Division on November 14, 2000. Consequently, the respondents’ brief in opposition to the petition to review was due no later than December 4, 2000. However, the matter was transmitted to us for review on November 28, 2000. Under these circumstances, the record was prematurely transmitted to us, and the matter must be remanded to the PALJ for completion of the briefing schedule. Once the respondents’ brief in opposition to the petition to review has been filed or the time for filing a brief has expired the PALJ shall take further action as provided by § 8-43-301(4) and (5), C.R.S. 2000.

IT IS THEREFORE ORDERED that the matter is remanded to the PALJ for further proceedings consistent with the views expressed herein.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre

Copies of this decision were mailed December 4, 2000 to the following parties:

Paul Dannaman, P.O. Box 3124, Albuquerque, NM 87190-3124

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., 999 18th St., #3100, Denver, CO 80202 (For Respondents)

BY: A. Hurtado