W.C. No. 4-567-094Industrial Claim Appeals Office.
November 5, 2003
ORDER OF REMAND
The respondent employer filed a Petition to Review an order of Administrative Law Judge Klein (ALJ) dated July 29, 2003, which determined the respondent employer was uninsured when the claimant suffered a compensable injury and ordered the employer to pay workers’ compensation benefits and penalties. On September 22, 2003, the matter was transmitted to us for review of the ALJ’s order.
On October 31, 2003, the parties filed a Joint Motion for Remand in which they request an order remanding the matter for further proceedings to present testimony and/or other evidence on the issue of whether the employer was insured for workers’ compensation at the time of claimant’s injury and any and all issues affected by the existence of insurance coverage. The motion states there is now evidence of insurance and the putative insurer did not receive notice of the claim until after the ALJ’s order was entered.
IT IS THEREFORE ORDERED that the joint motion is granted and the respondent employer’s Petition to Review the ALJ’s order dated July 29, 2003, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this order were mailed to the parties at the addresses shown below on November 5, 2003 by A. Hurtado.
Jesus Herrera, 2342 Federal, Apt. 2, Denver, CO 80211
Paul KiniKini, CEO, KCI, P. O. Box 1426, Sandy, UT 84091
Paul KiniKini, CEO, KCI, 3730 Wheeling St., #14, Denver, CO 80239
Pepe J. Mendez, Esq., 700 Broadway, #1101, Denver, CO 80203 (For Claimant)