W.C. No. 4-131-978Industrial Claim Appeals Office.
May 14, 1996
ORDER
The respondents seek review of an order of Administrative Law Judge Stuber (ALJ) dated September 20, 1995. We dismiss the petition to review without prejudice.
Under § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989); C F I Steel Corp. v. Industrial Commission, 650 P.2d 1332
(Colo.App. 1982); Great West Casualty Co. v. Tolbert, (Colo.App. No. 90CA0046, October 4, 1990) (not selected for publication) (order requiring payment of benefits to “which the claimant may be entitled” was not yet reviewable).
The ALJ’s September 20 order determined that the claimant suffered a compensable low back injury, and that the respondents are liable for “all reasonable and necessary medical expenses from authorized providers for treatment” of the back injury. However, the ALJ also determined that no specific medical benefits were requested and therefore, awarded no specific medical benefits. Furthermore, the ALJ expressly reserved all other matters for future determination.
Under these circumstances, the September 20 order does not award or deny any “benefit” within the meaning of § 8-43-301(2). Therefore, the ALJ’s order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order of September 20, 1995, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
NOTICE
An action to modify or vacate this Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filinga petition for writ of certiorari with the court, with service of a copyof the petition upon the Industrial Claim Appeals Office and all otherparties, within twenty (20) days after the date this Order is mailed,pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed May 14, 1996 to the following parties:
Alex Gonzales, 855 S. Osage St., Denver, CO 80223
Kimberly Costin, Public Service Co. of Colo., P.O. Box 840, Suite 800, Denver, CO 80201
Barrie G. Sullivan, II, Esq., 1325 S. Colorado Blvd., #405, Denver, CO 80222 (For the Claimant)
Michael A. Perales, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Respondent)
BY: _______________________