W.C. No. 3-962-376Industrial Claim Appeals Office.
July 3, 1997
ORDER OF REMAND
The claimant seeks review of an order issued by Administrative Law Judge Wells (ALJ) dated March 12, 1997. We remand the matter for additional findings.
The issue before the ALJ was the amount of disability benefits the respondents overpaid as a result of the claimant’s receipt of Social Security Disability Insurance (SSDI) benefits. The parties also disputed the rate at which the respondents should be allowed to recover the overpayment.
The matter was submitted to the ALJ on stipulated facts and written position statements. The claimant argued that the respondents overpaid disability benefits in the amount of $31,291.71. The respondents argued that the overpayment was $36,682.32.
The ALJ found the overpayment was $36,792.83. Further, he authorized the respondents to reduce the claimant’s weekly permanent total disability benefits by fifty percent until the overpayment is fully recovered.
On review, the claimant argues that the ALJ’s determination of the overpayment is not supported by the stipulated facts. The claimant also argues that the ALJ’s findings of fact are insufficient to ascertain the basis for his calculation. We agree with the latter argument, and therefore, remand the matter to the ALJ for additional findings and the entry of a new order. Section 8-43-301(8), C.R.S. (1996 Cum. Supp.); Boice v. Industrial Claim Appeals Office, 800 P.2d 1339 (Colo.App. 1990).
We recognize that the matter was submitted on stipulated facts, but we are unable to determine the basis for the ALJ’s calculation of the overpayment. See Hetherington v. Aspen Leaf Builders Supply, Inc., W.C. No. 3-058-466, May 22, 1997. Moreover, since the ALJ’s determination is not identical to the respondents’ calculation of the overpayment amount, we decline to presume that the ALJ adopted the respondents’ position. Consequently, the matter must be remanded to the ALJ for additional findings, indicating the basis for the overpayment determination.
In view of our remand, it is premature to consider the claimant’s remaining argument.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 12, 1997, is set aside and the matter is remanded for additional findings and entry of a new order, consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Bill Whitacre
Copies of this decision were mailed July 3, 1997 to the following parties:
Cynthia L. Keith, 14201 E. Hawaii Cir., Unit D, Aurora, CO 80012
Bethesda Care Center, 1250 S. Main St., Delta, CO 81416-1946
Employers Ins. of Wausau, P.O. Box 101517, San Antonio, TX 78201-9517
Mark E. Macy, Esq., 3900 E. Mexico Ave., Ste. 1000, Denver, CO 80210, (For the Respondents).
Steven R. Waldmann, 303 S. Circle Dr., Ste. 203, Colorado Springs, CO 80910-3000, (For the Claimant).
BY: ________________________________