W.C. No. 4-003-102Industrial Claim Appeals Office.
January 22, 1997
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated February 15, 1996, and its mandate issued on January 2, 1997. In an order dated March 23, 1994, the Administrative Law Judge (ALJ) dismissed the claim for benefits on the grounds that the claimant was not an employee of respondent Michael McCoy, d/b/a Hawkeye Drywall (Hawkeye). We affirmed the ALJ’s order in a final order dated January 27, 1995.
In its opinion, the court determined that the evidence was insufficient to support the ALJ’s finding that the claimant was not an employee of Hawkeye. Consequently, the court determined that the claimant is “entitled to workers’ compensation benefits,” and remanded the matter “for entry of an appropriate award.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed January 22, 1997 to the following parties:
Mark Steven Gerberich, 4950 Del Sol Road, Colorado Springs, CO 80918
Michael McCoy d/b/a Hawkeye Drywall, P.O. Box 897, Monument, CO 80132
Douglas Tabor, State Farm Fire Casualty Company, 4380 S. Syracuse, #200, Denver, CO 80237
Anthony R. Cross, Esq., 416 E. Colorado Ave., #200, Colorado Springs, CO 80903 (For the Claimant)
Robert L. McGahey, Jr., Esq., 3464 S. Willow St., Denver, CO 80231-4566 (For the Respondents)
Office of the Attorney General, Human Resources Section, 1525 Sherman St., 5th Flr., Denver, CO 80203
By: ______________________________________________