W.C. No. 3-970-332Industrial Claim Appeals Office.
August 21, 2000
ORDER
This matter is before the Industrial Claim Appeals Panel pursuant to an order issued by the Court of Appeals dated, April 6, 2000, in case No. 99CA1842. Mandate issued on August 7, 2000.
The court concluded we erroneously affirmed an order of former Administrative Law Judge Gandy (ALJ), insofar as the ALJ determined the claimant reached maximum medical improvement (MMI). The court determined the claimant was not afforded an adequate opportunity to present evidence on the issue, and that the ALJ’s order constituted a denial of due process. Therefore, the court set aside the finding of MMI and remanded the matter for further proceedings on the issue of MMI.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for further proceedings consistent with the court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed August 21, 2000 to the following parties:
Gilbert D. Davis, P.O. Box 371012, Denver, CO 80237-5012
ABC Moulding, 13750 E. Smith Dr., Aurora, CO 80011-3150
John H. Demos, Claims Manager, Casualty Reciprocal Exchange, 9201 State Line Rd., P.O. Box 419497, Kansas City, MO 64173-0194
James E. Morlan, Morlan Company, 3333 North Federal Blvd., Denver, CO 80211-3213
Lynn D. Petersen, Esq., 1777 S. Harrison St., #1110, Denver, CO 80210 (For Respondents)
BY: A. Pendroy