W.C. No. 4-346-033Industrial Claim Appeals Office.
January 21, 1999
ORDER OF REMAND
The respondents seek review of that portion of an order of Administrative Law Judge Gandy (ALJ), which awarded temporary total disability benefits commencing February 2, 1998. The claimant seeks review of that portion of the order which denied temporary total disability benefits commencing September 17, 1997, and denied medical benefits. We remand the matter to determine if the claimant filed a timely petition to review and for completion of the record.
The ALJ entered the order on May 6, 1998. The respondents filed a timely Petition to Review on May 18, 1998, and a brief in support of their petition.
The claimant filed a brief in opposition to the respondents’ brief and in support of her position that the ALJ erred in denying temporary disability benefits and medical benefits. However, the record does not contain any petition to review which may have been filed by the claimant.
Section 8-43-301(2), C.R.S. 1998, requires any party dissatisfied with an order of the ALJ to file a petition to review within twenty days of the date of the certificate of mailing of the order. This requirement is jurisdictional and failure to file a timely petition to review precludes review. Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo.App. 1991).
We therefore remand the matter to the ALJ to determine whether the claimant filed a timely petition to review the May 6 order. If the ALJ finds that a timely petition to review was filed, a copy of the petition should be placed in the file and the matter retransmitted to us for review. If a timely petition to review was not filed by the claimant, the ALJ shall dismiss the claimant’s appeal and transmit the matter to us for review of the respondents’ appeal.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ to determine whether the claimant filed a timely petition to review. Once the ALJ makes this determination, the matter should be retransmitted to us for review.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Bill Whitacre
Copies of this decision were mailed January 21, 1999
to the following parties:
Stephanie Gonzales, 7537 Reese Rd., Cheyenne, WY 82009
Fair Acres Manor, Inc., 1700 18th Ave., Greeley, CO 80631-5134
Business Insurance Company, Attn: Heather Hurst Tina Southard, P.O. Box 101630, Denver, CO 80250-1630
Richard A. Bovarnick, Esq. Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., Suite 400, Denver, CO 80227 (For Respondents)
Kristi J. Coffin, Esq., 1319 8th Street, Greeley, CO 80631 (For Claimant)
By: ___________