W.C. No. 4-507-018, 4-506-807.Industrial Claim Appeals Office.
May 13, 2004.
FINAL ORDER
In these consolidated workers’ compensation cases, the respondents seek review of an order of Administrative Law Judge Coughlin (ALJ) awarding workers’ compensation benefits to claimant John Hafner and death benefits to claimants Kathleen and Marc Hafner, dependents of Mikel Hafner (decedent). We affirm.
In an order dated September 9, 2002, the ALJ concluded that the motor vehicle accident which injured John Hafner and caused the decedent’s death did not occur under compensable circumstances. In an Order of Remand issued on May 16, 2003, we concluded the ALJ’s findings of fact did not support the legal conclusion that the accident was not compensable. We therefore remanded the matter for further proceedings to determine the amount of benefits to be awarded. The ALJ complied with our Order of Remand in an order dated January 9, 2004.
The respondents filed a timely petition to review the January 9 order. The respondents contend our Order of Remand improperly usurped the ALJ’s fact-finding authority, and that the ALJ’s September 9 order fully supported the denial of the claims.
We have considered the respondents’ arguments and find them unpersuasive. We adhere to the reasoning and conclusions stated in our Order of Remand.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 9, 2004, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
David Cain
Bill Whitacre
Kathleen Hafner, Marc Hafner and John Hafner, Thornton, CO, Sturgeon Electric, Henderson, CO, Diane Gutierrez, Zurich Insurance Co., Denver, CO, Melissa J. Loman Evans, Esq., Denver, CO, (For Claimants).
Marsha A. Kitch, Esq., Evergreen, CO, (For Respondents).