W.C. No. 4-471-216Industrial Claim Appeals Office.
September 5, 2002
ORDER OF REMAND
This matter is before us for consideration of the claimant’s Motion to Allow Brief in Support of Petition to Review. We remand the matter for completion of a briefing schedule.
This matter was transmitted to us on July 26, 2002, for consideration of the claimant’s petition to review the order of the administrative law judge (ALJ) dated March 6, 2002. As noted in our letter of July 26, 2002, the file did not contain a brief in support of the petition to review.
In the claimant’s motion to permit filing of a “late brief,” claimant’s current counsel represents that on March 28, 2002, he filed a “substitution of counsel” with the Division of Workers’ Compensation. Nevertheless, when the briefing schedule was issued by letter dated June 7, 2002, the schedule was mailed to the address of claimant’s previous counsel. As a result, claimant’s current counsel was not notified of the briefing schedule and was not afforded an opportunity to file a brief. Claimant’s current counsel represents that respondents’ counsel does not object to the filing of a late brief.
Under these circumstances we conclude the matter must be remanded to the Division of Administrative Hearings to issue a new briefing schedule which allows the claimant to file a brief, and affords the respondents an opportunity to file an answer brief if they so desire. When the briefing schedule is complete, the ALJ may enter a supplemental order or transmit the matter for our review. Section 8-43-301(4), C.R.S. 2001.
IT IS THEREFORE ORDERED that the matter is remanded for establishment of a briefing schedule and further proceedings consistent with this order.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ________________________________ Bill Whitacre
Copies of this decision were mailed September 5, 2002 to the following parties:
Jeffrey Eikenberg, 404 5th St., Pierce, CO. 80650
Rachelle Miller, Millard Refrigerated Services, Inc., 4715 So. 132nd St., Omaha, N.E. 68137
Jennifer Page, Sentry Insurance, P. O. Box 8032, Stevens Point, WI 54481
John M. Connell, Esq., 6750 Stapleton South Drive, Ste. 200, Denver, CO. 80216 (For Claimant)
John M. Lebsack, Esq., and Ted A. Krumreich, Esq., 950 17th St., 21st Floor, Denver, CO. 80202 (For Respondents)
By: A. Hurtado