IN RE FISHER, W.C. No. 4-204-126 (11/6/98)


IN THE MATTER OF THE CLAIM OF CLIFFORD G. FISHER, Claimant, v. MOUNTAIN STATES FORD TRUCK SALES, Employer, and MID-CENTURY INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 4-204-126Industrial Claim Appeals Office.
November 6, 1998

ORDER

This matter was remanded by the Court of Appeals in an order dated February 12, 1998. Mandate issued October 27, 1998. The court concluded that we erroneously reversed an order of Administrative Law Judge Friend (ALJ) insofar as the ALJ determined the claimant failed to prove a compensable injury on May 28, 1996. Therefore, the court set aside our order dated July 29, 1997, and remanded the matter with directions to reinstate the ALJ’s order.

IT IS THEREFORE ORDERED that the ALJ’s order dated February 5, 1997, is reinstated and the claim for workers’ compensation benefits due to an injury on May 28, 1996 is dismissed and denied.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky

Copies of this decision were mailed November 6, 1998
to the following parties:

Clifford G. Fisher, 1473 W. 103rd Ave., Northglenn, CO 80221

Mountain States Ford Truck, 5025 Vasquez Blvd., Denver, CO 80237-8230

John Egland, Mid-Century Insurance, P.O. Box 3768230, Denver, CO 80237

Laurie F. Weisman, Esq., Michael A. Perales, Esq., 999 18th St., Ste. 3100 Denver, CO 80202 (For the Respondents)

William J. Macdonald, Esq., 1890 Gaylord St., Denver, CO 80206 (For the Claimant)

BY: ______________________