IN RE GREENWALT-BELMAIN, W.C. No. 3-896-932 (12/10/96)


IN THE MATTER OF THE CLAIM OF VIRGINIA L. GREENWALT-BELMAIN, Claimant, v. DEPARTMENT OF REGULATORY AGENCIES, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 3-896-932Industrial Claim Appeals Office.
December 10, 1996

ORDER OF REMAND

This matter was remanded by the Court of Appeals in an opinion dated October 17, 1996, case No. 95CA2198. Mandate issued November 4, 1996. The court vacated our order of December 5, 1995, which affirmed an order of Administrative Law Judge Gandy (ALJ).

The Court of Appeals held that the ALJ’s findings of fact were insufficient to ascertain the basis for the ALJ’s determination that the claimant failed to make a “proper showing” for a change of provider. Therefore, the court remanded the matter with directions that we remand the case to the ALJ for additional findings of fact concerning the claimant’s request for a change of provider.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ to issue additional findings of fact and the entry of a new order on the claimant’s request for a change of provider consistent with the opinion of the Court of Appeals.

INDUSTRIAL CLAIM APPEALS PANEL

___________________________________ Kathy E. Dean
___________________________________ Dona Halsey

Copies of this Order of Remand were mailed December 10,1996 to the following parties:

Virginia Greenwalt-Belmain, 14561 Tejon St., Broomfield, CO 80020

Department of Regulatory Agencies, % Division of Banking, Attn: Bea Gonzales, Personnel 1560 Broadway, #1550, Denver, CO 80202

Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq., Laurie Schoder, Esq., (Interagency Mail)

Ruth K. Irvin, Esq., 5353 Manhattan Cir., #101, Boulder, CO 80303 (For the Claimant)

By: ________________________