W.C. No. 4-545-531.Industrial Claim Appeals Office.
March 21, 2005.
ORDER
The respondents seek review of an order of Administrative Law Judge Henk (ALJ) which reopened a settlement agreement on grounds that the claimant was incompetent to enter into the agreement, and because there was a “mutual mistake of material fact.” We dismiss the petition to review without prejudice.
The claimant and respondents entered into a full and final settlement in May 2003. Subsequently, the claimant sought to reopen the agreement on grounds that his cognitive and mental difficulties rendered him incompetent to enter into the agreement. See Powderhorn Coal Co. v. Weaver, 835 P.2d 616 (Colo.App. 1992). The ALJ granted the request to reopen the settlement in an order dated October 12, 2004.
Section 8-43-301(2), C.R.S. 2004, provides that a party dissatisfied with an order may file a petition to review an order which “requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty.” Orders which do not meet one of these criteria are interlocutory and not subject to immediate review. Ortiz v. Industrial Claim Appeals Office, 81 P.3d 1110 (Colo.App. 2003). Orders which reopen a claim without awarding or denying benefits or penalties are interlocutory Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
Here, the ALJ’s order determines only that the settlement agreement should be set aside and the claim reopened. The order does not award or deny any benefits or penalties as a result of the reopening. Consequently, the order is interlocutory and not subject to immediate review. Norton v. Allegis Group/Maxim Healthcare, W.C. No. 4-460-353
(June 12, 2002).
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated October 12, 2004, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
Carl Fleming, Centennial, CO, Giesen Restaurant, Greenwood Village, CO, Lisa Watkins, Truck Insurance Exchange, Denver, CO, Ruth Malman, Esq., Denver, CO, (For Claimant).
Steven Shapiro, Esq., Denver, CO, (For Claimant).
Christian M. Lind, Esq., Denver, CO, (For Respondents).