W.C. Nos. 4-133-841, 4-177-705, 4-185-221, 4-210-801Industrial Claim Appeals Office.
February 2, 1998
ORDER
This matter has been remanded pursuant to an order of the Court of Appeals dated December 26, 1997. Mandate issued January 12, 1998. The court set aside a portion of our order of April 10, 1997, which affirmed an award of permanent total disability benefits by Administrative Law Judge Gandy (ALJ). The court concluded that we erred insofar we affirmed the ALJ’s determination that the claimant’s permanent total disability is not subject to apportionment under § 8-42-104(2), C.R.S. 1997.
Relying upon Askew v. Industrial Claim Appeals Office, 927 P.2d 1333 (Colo. 1996) and Baldwin Construction Inc., v. Industrial Claim Appeals Office, 937 P.2d 895 (Colo.App. 1997), the court concluded that the ALJ applied an incorrect legal standard in finding that the claimant’s disability is not subject to apportionment. Therefore, the court remanded the matter to us with directions that, we remand the matter to the ALJ for further findings and the entry of a new order concerning application of the apportionment statute.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s opinion.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ Kathy E. Dean ________________________________ Dona Halsey
Copies of this decision were mailed February 2, 1998 to the following parties:
Bertha V. Haislip, 1518 19th Ave., Longmont, CO 80501
HCC Foothills Care Center, Inc., 1440 Coffman St., Longmont, CO 80501-2726
Colorado Compensation Insurance Authority, Attn: Brandee L. DeFalco, Esq. (Interagency Mail)
Fidelity Casualty Co. of New York, % Continental Loss Adjusting, P.O. Box 17369, Denver, CO 80217-0369
H. William Sims, Jr., Esq., 515 Kimbark St., Ste. 203, P.O. Box 978, Longmont, CO 80502-0978 (For the Claimant)
Robert A. Weinberger, Esq., 1700 Broadway, Ste. 1910, Denver, CO 80290 (For the Respondents)
By: _______________________________