W.C. No. 4-155-609Industrial Claim Appeals Office.
November 6, 1998
ORDER
This matter was remanded by the Court of Appeals pursuant to the opinion issued in BCW Enterprises, Ltd. v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 96CA1033, September 18, 1997). The court’s mandate issued on October 27, 1998.
The court concluded that we erred in upholding an order of Administrative Law Judge Wells (ALJ) dated October 4, 1995, insofar as the ALJ denied the respondents’ request for attorney fees against the claimant’s attorney for filing an application for hearing on an issue that was not ripe for consideration. Therefore, the court set aside our order dated May 16, 1996, and remanded the matter for a “determination of the attorney fees and costs to be awarded the CCIA as a penalty under § 8-43-211(2)(d).”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s opinion i BCW Enterprises, Ltd. v. Industrial Claim Appeals Office, supra.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed November 6, 1998
to the following parties:
Latonya Edelen, 3830 Patrick Dr., Apt. 26, Colorado Springs, CO 80916
BCW Enterprises, Ltd., 1617 Bonforte Blvd., Pueblo, CO 81001-1602
Douglas Thomas, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701
Colorado Compensation Insurance Authority, Attn: Legal Dept., (Interagency Mail)
Ralph Ogden, 1750 Gilpin St., Denver, CO 80218
Steven U. Mullens, Esq., P.O. Box 2940, Colorado Springs, CO 80901-2940 (For the Claimant)
Douglas P. Ruegsegger, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For Thomas and CCIA)
BY: ______________________