W.C. No. 4-323-685Industrial Claim Appeals Office.
July 20, 2001
ORDER
This case was remanded to the Industrial Claim Appeals Office pursuant to the opinion of the court in Esser v. Industrial Claim Appeals Office, ___ P.3d __(Sup.Ct. 00SC292, June 4, 2001). The court affirme Esser v. Industrial Claim Appeals Office, 9 P.3d 1218 (Colo.App. 2000), where the court of appeals held that in the context of § 8-41-301(2)(a), C.R.S. 2000, the requirement to prove a claim of mental impairment by “testimony” from a licensed physician or psychologist does not require live or deposition testimony. The Supreme Court concluded the statutory requirement to present “testimony” requires a claim of mental impairment be supported by “written evidence” in the “words of” a licensed physician or psychologist.
Accordingly, the Supreme Court concluded we erroneously upheld an order of Administrative Law Judge Martinez (ALJ) which determined the claimant’s failure to present oral testimony from a licensed physician or psychologist was fatal to her workers’ compensation claim based upon compensable mental impairment. The Supreme Court remanded the case with directions that the ALJ “re-hear” the claim based upon the reports, notes and other documentary “evidence” presented by the claimant in support of the mental impairment claim. Mandate issued June 28, 2001.
On July 12, 2001, the Court of Appeals issued a Mandate remanding the matter to us for further proceedings.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the order of the court in Esser v. Industrial Claim Appeals Office, ___ P.3d __(Sup.Ct. 00SC292, June 4, 2001).
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed July 20, 2001 to the following parties:
Florence Esser, P.O. Box 835, Olathe, CO 81425
Canon City Correctional Facility, P.O. Box 1010, Canon City, CO 81215-1010
Colorado Department of Corrections, Major Steven Green, Delta Correctional Center, 1140 G 1025 Lane, Delta, CO 81416
Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq., (Interagency Mail)
Paul D. Feld, Esq., Ritsema Lyon, P.C., 999 18th Street, Suite 3100, Denver, CO 80202 (For Respondents)
Craig C. Eley Esq., 3515 S. Tamarac Drive #200, Denver, CO 80237 (For claimant)
Attorney General, Mark W. Gerganoff Esq., 1525 Sherman St., 5th Flr, Denver, CO 80203
BY: A. Pendroy