W.C. No. 3-935-603Industrial Claim Appeals Office.
August 11, 1995
ORDER OF REMAND
This matter has been remanded by the Court of Appeals in an opinion dated April 20, 1995, in case No. 94CA0691. Mandate issued on August 8, 1995. The Court set aside our order dated, April 8, 1994 which upheld an order issued by Administrative Law Judge Kubitschek (ALJ) on April 19, 1993.
The Court of Appeals concluded that we erred in upholding the ALJ’s failure to consider a medical report by Dr. Bralliar, and his exclusion of certain testimony by vocational rehabilitation expert, Mark Litvin. Therefore, the Court set aside our order with directions that the cause be remanded for a new hearing to consider the medical report and the expert’s testimony.
IT IS THEREFORE ORDERED that this matter is remanded to the ALJ for a new hearing consistent with the Court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed August 11, 1995 to the following parties:
Rudy Dominguez, 3811 McAvoy, Evans, CO 80620
Express Temporary Services of Greeley, 1221 28th Ave., St. 1, Greeley, CO 80631
Colorado Compensation Insurance Authority, Attn: Michael Steiner, Esq., (Interagency Mail)
Francis K. Culkin, Esq., 1120 Lincoln St., Ste. 711, Denver, CO 80203
(For the Claimant)
Lee J. Shapiro, Esq., 1490 S. Pearl St., Denver, CO 80210
(For the Claimant)
BY: _______________________