W.C. No. 3-970-332Industrial Claim Appeals Office.
September 14, 2000
CORRECTED ORDER
This corrected order is issued pursuant to 8-43-302(1)(b), C.R.S. 2000, to correct a mistake in our order of remand dated August 21, 2000.
On September 16, 1999, we affirmed an order of Administrative Law Judge Gandy (ALJ) dated June 17, 1999, in which the ALJ found the claimant failed to prove a causal connection between his worsened condition and the 1989 industrial injury. The ALJ also found the claimant reached maximum medical improvement (MMI) no later than June 25, 1998. Therefore, the ALJ granted the respondents’ request for prospective relief from a 1994 General Admission of Liability for temporary disability and medical benefits. The claimant timely appealed our order to the court of appeals.
In an order dated April 6, 2000, the court concluded that we erroneously affirmed the ALJ’s finding of MMI and remanded the matter for further proceedings. Consequently, the court held that we erred in “affirming the order” of the ALJ. Mandate issued on August 7, 2000. On August 21, we remanded the matter for “further proceedings consistent with the court’s opinion.”
In a motion to the court dated September 11, 2000, the pro se
claimant contends our August 21 order does not comply with the court’s April 6 opinion because we failed to clarify that the court set aside the ALJ’s order allowing the respondents to withdraw the 1994 admission of liability. We agree.
The ALJ’s order granting the respondents’ request for relief from the 1994 general admission was predicated, in part, on the finding of MMI. Because the court set aside our order and remanded the matter for further proceedings, the court necessarily set aside the ALJ’s order granting relief from the general admission. Therefore, we correct our order of remand accordingly.
IT IS THEREFORE ORDERED that our order dated August 21, 2000, is corrected to provide that the matter is remanded to the Division of Administrative Hearings for further proceedings consistent with the court’s opinion dated April 6, 2000, and the entry of a new order concerning the respondents’ request for retroactive relief from the 1994 admission of liability for additional temporary and medical benefits.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed September 14, 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)
Clerk, Colorado Court of Appeals, 2 East 14th Ave., Denver, CO 80203
BY: A. Pendroy