W.C. No. 4-183-933Industrial Claim Appeals Office.
July 17, 1996
ORDER
The respondents seek review of an order of Administrative Law Judge Erickson (ALJ) which determined that Colorado has jurisdiction over the claim, and that the claimant was an employee of respondent Mayflower Transit, Inc. (Mayflower). We dismiss the petition to review without prejudice.
This matter was before us previously. In an “Order of Remand” dated July 13, 1995, we held that the ALJ erred in dismissing the claim for benefits without permitting the claimant an opportunity to present evidence that he was “regularly employed” in Colorado.
Following two hearings, the ALJ entered his order dated December 29, 1995. In this order the ALJ found that the claimant was an employee of Mayflower, and that Colorado has jurisdiction over the claim. The claimant’s entitlement to specific benefits was reserved for future determination. (Tr. October 31, 1995, pp. 4-5).
Pursuant to § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party may file a petition to review an order “which requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty.” Orders which do not require the payment of any benefits or penalty, or deny any benefit or penalty to the claimant are not final and appealable. Natkin Co. v.
Eubanks, 775 P.2d 88 (Colo.App. 1989); Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
Here, the ALJ’s order does not award any benefit or penalty, nor does it deny the claimant any benefit or penalty. Under these circumstances, the ALJ’s order is interlocutory and not currently subject to our review.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated December 29, 1995, is dismissed without prejudice, and the matter is remanded for further proceedings consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate the Order may be commenced in theColorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, with service of a copy of thepetition upon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed July 17, 1996 to the following parties:
Bogdan Gordon, 8190 Miller Ct., Arvada, CO 80005
Mayflower Transit, Inc., Attn.: Mike Lee, P. O. Box 107, Indianapolis, IN 46206-0107
Great Plains Insurance Corp. and/or Credit General Insurance, % Phoenix Risk Services, Inc., Lakepoint Office Park, 3201 Enterprise Parkway, #490, Beachwood, OH 44122
Pacific Employers Insurance (CIGNA), P. O. Box 2941, Greenwood Village, CO 80150-0141
John C. Bowes, Esq., 720 Kipling St., #201, Lakewood, CO 80215 (For Claimant)
Art M. Lee, Esq. and Ronald C. Jaynes, Esq., 777 E. Speer Blvd., #210, Denver, CO 80203 (For Respondents)
By: _____________________