W.C. No. 4-293-203Industrial Claim Appeals Office.
February 8, 2002
ORDER OF REMAND
This matter has been remanded by the court in an order dated September 13, 2001, in Giddings v. Industrial Claim Appeals Office, ___ P.2d __ (Colo.App. No. 01CA0077, September 13, 2001), cert. denied
January 22, 2002. Mandate issued February 4, 2002.
The court concluded we erred in affirming an order of Administrative Law Judge Felter (ALJ) dated August 29, 2000, which imposed penalties under § 8-43-401(2)(a), C.R.S. 2001 for the respondents’ failure to pay medical benefits and refused to impose penalties under § 8-43-304(1), C.R.S. 2000. Relying on Holliday v. Bestop Inc. 23 P.3d 700 (Colo. 2001), the court held the respondents’ failure to comply with an order for the payment of medical benefits may be penalized under § 8-43-401(2)(a) or § 8-43-304(1). Furthermore, the court concluded that an order of an ALJ for the payment of medical benefits is the equivalent of an order by the director for purposes of § 8-43-304(1). Consequently, the court set aside our order and remanded the matter for the entry of a new order concerning the claimant’s request for the imposition of penalties.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ to reconsider the imposition of penalties consistent with the court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL
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David Cain
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Kathy E. Dean
Copies of this decision were mailed February 8, 2002 to the following parties:
Linda Giddings, P. O. Box 748, Mossyrock, WA 98564
Northern Telecom, 200 Athens Way, Nashville, TN 37228-1308
Darlene Hinson, Northern Telecom, 2221 Lakeside Blvd., Richardson, TX 75082
Frank Bolssoneau, Liberty Mutual Insurance Company, P. O. Box 3539, Englewood, CO 80155
Mary Anders, Liberty Mutual Insurance Company, P. O. Box 168208, Irving, TX 75016
Jack Kintzele, Esq., 1317 Delaware St., Denver, CO 80204 (For Claimant)
David G. Kroll, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For Respondents)
BY: A. Pendroy