W.C. Nos. 4-437-328 4-441-546Industrial Claim Appeals Office.
August 29, 2001
ORDER
This matter has been transmitted to us for review of an order of Administrative Law Judge Stuber (ALJ). The respondents subsequently filed a motion requesting that we remand the matter to the ALJ for a determination of whether the respondents’ Petition to Review was timely filed. We deny the motion but remand the matter for further proceedings.
The claimant and the respondents separately petitioned for review of the ALJ’s order dated April 19, 2001. On May 31, 2001, a notice of briefing schedule was issued for the claimant’s petition to review. The claimant’s petition to review was subsequently briefed.
In the interim the claimant filed a motion to dismiss the respondents’ Petition to Review. The respondents contend claimant’s motion is pending. However, the record contains an order dated June 29, 2001, in which the ALJ denied the claimant’s motion to dismiss. Therefore, it is unnecessary to remand the matter to the ALJ for consideration of the claimant’s motion.
However, the record contains no briefing schedule on the respondents’ Petition to Review. Consequently, we remand the matter for further proceedings under § 8-43-301(4), C.R.S. 2001.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings to establish a briefing schedule on the respondents’ Petition to Review. Upon expiration of the briefing schedule the ALJ shall proceed in accordance with § 8-43-301(5), C.R.S. 2000.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed August 29, 2001 to the following parties:
Richard G. Gonzales, 1525 Perry St., #9, Denver, CO 80204
Doreen Bovey, Denver Public School District Number 1, 900 Grant St., Denver, CO 80203
Curt Kriksciun, Esq., Pinnacol Assurance — Interagency Mail (For Respondents)
Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)
Timothy Nemechek, Esq., 999 18th St., #3100, Denver, CO 80202
BY: A. Pendroy