W.C. No. 4-231-877Industrial Claim Appeals Office.
March 2, 2001
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which imposed penalties of $500 per day against Scibal and Associates (Scibal) and Reliance Insurance Co. (Reliance), and denied a penalty for violation of Rule of Procedure IV (N), 7 Code Colo. Reg. 1101-3. We affirm.
The ALJ’s order, dated July 21, 2000, was entered following the Court of Appeals decision issued on December 16, 1999. The court remanded the matter for further proceedings concerning the amount of penalties to be imposed on Scibal and Reliance. The court did not consider any issues involving an alleged violation of Rule IV.
In accordance with the court’s order, the ALJ considered imposition of penalties on Scibal for the period of November 24, 1996 through December 21, 1996. The ALJ assessed penalties of $500 per day against Scibal, and imposed those penalties on Reliance as Scibal’s principal. The ALJ also declined to impose a penalty for violation of Rule IV, because the claim for penalties was not filed within the statute of limitations.
The claimant filed a timely petition to review the ALJ’s order. However, the petition to review contains only general allegations of error involving the correctness of the ALJ’s legal conclusions. The claimant did not file a brief in support of the petition to review. Under these circumstances, the effectiveness of our review is limited.
The penalties imposed by the ALJ against Scibal and Reliance do not exceed the maximum penalties permitted by law. Section 8-43-304(1), C.R.S. 2000; § 8-43-305, C.R.S. 2000. Thus, we perceive no error in the ALJ’s order. Moreover, we fail to perceive how the claimant could have been prejudiced by any error which might exist.
Neither do we perceive any error in the ALJ’s order finding that any claim for penalties based on violation of Rule IV is barred by the statute of limitations. Section 8-43-304(5), C.R.S. 2000.
IT IS THEREFORE ORDERED that the ALJ’s order dated July 21, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed March 2, 2001 to the following parties:
Larry Gillette, 3760 Inspiration Dr., Colorado Springs, CO 80917
Burlington Coat Factory Warehouse, Route 130 North, Burlington, N.J. 08016
Reliance National Indemnity, Scibal Associates — Gemma Armenia, P. O. Box 500, Somers Point, N.J. 08244-0500
Scibal Associates — Gemma Armenia, P.O. Box 500, Somers Point, N.J. 08244-0500
Frontier Adjusters of Omaha, P.O. Box 34644, Omaha, N.E. 68134
Joanne Ibarra, Carrier Practices Unit, Division of Workers’ Compensation — Interagency Mail
Jon C. Thomas, Esq., 1032 N. Wahsatch Ave., Colorado Springs, CO 80903 (For Claimant)
Joel S. Babcock, Esq., 400 S. Colorado Blvd., #700, Denver, CO 80222 (For Respondents)
BY: A. Pendroy