W.C. No. 4-302-830Industrial Claim Appeals Office.
September 21, 1999.
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated April 22, 1999. The court issued its mandate on July 30, 1999.
In our order dated July 2, 1998, we affirmed the order of Administrative Law Judge Wheelock (ALJ) which determined the claimant reached maximum medical improvement (MMI) on September 9, 1996. The court set aside our order and remanded with directions to return the matter to the ALJ for entry of an order resolving conflicts in the evidence concerning whether or not the claimant was at MMI and is entitled to temporary disability benefits. The court further stated the ALJ is free to “receive and consider additional relevant evidence.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed September 21, 1999 to the following parties:
Mallon E. Dennis, Jr., 4903 Eldon Dr., Colorado Springs, CO 80916
Hughes-Smith, Inc., P.O. Box 7450, Colorado Springs, CO 80933-7450
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority — Interagency Mail
Gordon J. Heuser, Esq., 625 N. Cascade Ave., #300, Colorado Springs, CO 80903 (For Claimant)
BY: A. Pendroy