W.C. No. 4-519-141Industrial Claim Appeals Office.
September 12, 2002
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Harr (ALJ) which denied and dismissed the claim for workers’ compensation benefits. We remand the matter for the opportunity to file additional briefs.
In an order dated March 6, 2002, the ALJ found the claimant failed to prove he sustained an injury arising out of and in the course of employment. The claimant petitioned to review, and on June 11, 2002, filed a brief arguing the respondents’ attorney admitted compensability in closing arguments, and that the evidence does not support the ALJ’s findings and conclusions. The respondents filed a brief on July 16, 2002, and the ALJ transmitted the record on July 18, 2002. The matter was received in this office on July 22, 2002.
On July 31, 2002, the claimant filed a “Statement of Issues on Appeal.” This document states that on July 2, 2002, the ALJ denied the claimant’s Motion to Admit Newly Admitted Evidence [sic]. The statement of issues requests us to review the propriety of the ALJ’s July 2 order and consider the arguments contained in the motion to admit the “newly discovered” evidence. On August 15, 2002, the respondents filed a Motion to Strike Claimant’s “Statement of Issues on Appeal.” The respondents’ motion argues the claimant did not file a timely petition to review the July 2 order, and, in any event, the respondents were denied an opportunity to brief the issue.
Because the issue involving the “newly discovered evidence,” and the ALJ’s ruling on the matter, occurred during the already established briefing schedule, both parties should now be afforded the opportunity to file a brief concerning the procedural and substantive issues surrounding the denial of the motion to admit newly discovered evidence. The parties should address the timeliness of the claimant’s request to admit the evidence, the timeliness of the claimant’s request for review of the July 2 order, as well as the propriety of the order itself. The ALJ or other appropriate administrative official shall establish the briefing schedule. Once supplemental briefs have been filed, the ALJ shall again transmit the matter for our review. In remanding this matter we do not express any opinion on either the procedural or substantive issues.
IT IS THEREFORE ORDERED that the matter is remanded for further proceedings consistent with the views expressed herein. When the supplemental briefs are filed, or the time for filing has run, the ALJ shall again transmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ______________________________ Robert M. Socolofsky
Copies of this decision were mailed September 12, 2002 to the following parties:
Leonard J. Garamella, P. O. Box 323, Tabernash, CO. 80478
Paul’s Creekside Grill, Inc., P. O. Box 1996, Grandby, CO. 80446-1996
TIG, 5205 N. O’Connor Blvd., P. O. Box 152870, Irving, TX 75039
James E. Gigax, Esq., 410 17th St., #2400, Denver, CO. 80202 (For Claimant)
James R. Clifton, Esq., and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO. 80227 (For Respondents)
By: A. Hurtado