W.C. No. 4-293-203Industrial Claim Appeals Office.
June 18, 2004
ORDER
This matter has been remanded by the court in an order dated December 24, 2003. Mandate issued on June 13, 2004.
The court concluded we erred in affirming an order of Administrative Law Judge Felter (ALJ) which imposed penalties under § 8-43-304(1), C.R.S. 2003 for the respondents’ failure to pay medical benefits. The court concluded the facts warranted a “substantial” penalty. However, the court concluded the $91,000 penalty imposed by the ALJ was unconstitutionally excessive because it was “grossly disproportionate to the employer’s conduct.” Therefore, the court set aside our order and remanded the matter for “reconsideration” of the penalty.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for reconsideration of the amount of penalties to be imposed consistent with the court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this decision were mailed June 18, 2004 to the following parties:
Linda Giddings, P. O. Box 748, Mossyrock, WA 98564
Northern Telecom, 2221 Lakeside Blvd., Richardson, TX 75082
Northern Telecom, 200 Athens Way, Nashville, TN 37228-1308
Frank Boissoneau, 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. Hurtado