W.C. No. 4-558-270 4-508-494Industrial Claim Appeals Office.
June 21, 2004
ORDER
The respondent seeks review of an order of Administrative Law Judge Henk (ALJ) which found the claimant sustained compensable injures in the “quasi-course of employment.” We dismiss the petition to review without prejudice.
The only issue presented to the ALJ was whether the claimant sustained compensable injuries in a motor vehicle accident while driving to a medical appointment for authorized treatment. No specific benefits were requested at the time of the hearing, although it appears from the record that the respondent previously paid for some medical treatment associated with the accident. (Tr. P. 4).
The ALJ found the accident involved a compensable event under the “quasi-course of employment doctrine.” All other issues were reserved for future determination.
Section 8-43-301(2), C.R.S. 2003, provides that a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant any benefit or penalty are interlocutory and not subject to immediate appellate review. Ortiz v. Industrial Claim Appeals Office, 81 P.3d 1110 (Colo.App. 2003). Consistent with this rule, orders which resolve compensability favorably to the claimant without awarding or denying benefits or penalties are interlocutory Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989).
Here, the ALJ’s order determines the compensability of the motor vehicle accident, but it does not award or deny any benefits or penalties. Indeed, no benefits or penalties were requested at the time of the hearing. Consequently, the order is interlocutory.
IT IS THEREFORE ORDERED that the respondent’s petition to review the ALJ’s order dated January 28, 2004, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a Petition to Review with the Court, with service of a copy of the Petition upon the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202, and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 2003.
Copies of this order were mailed to the parties at the addresses shown below on June 21, 2004 by A.Hurtado.
Julia Dominguez, 4500 19th St., #480, Boulder, CO 80304
Tyco International, Ltd., 5920 Longbow Dr., Boulder, CO 80301-3299
Loran Jordan, Sedgwick CMS, 7400 E. Orchard Rd., #4015, Greenwood Village, CO 80111
Britton Morrell, Esq., 1305 8th St., Greeley, CO 80631 (For Claimant)
Robert A. Weinberger, Esq., 857 Grant St., Denver, CO 80203 (For Respondent)