W.C. Nos. 4-284-464, 4-296-494Industrial Claim Appeals Office.
May 18, 2000
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Schulman (ALJ) which dismissed a request for specific findings of fact and conclusions of law. We affirm.
On January 19, 2000, the ALJ mailed a summary order which denied the claimant’s request for conversion of upper extremity impairment ratings to a whole person impairment rating. On February 3, 2000, the claimant mailed a request for specific findings of fact and conclusions of law, but the request was not received by the Division of Administrative Hearings until February 4, 2000. On February 28, 2000, the ALJ entered an order dismissing the request for specific findings because it was not received within 15 days as required by § 8-43-215, C.R.S. 1999.
The claimant filed a petition to review contending the ALJ erroneously interpreted § 8-43-215 as requiring that a request for specific findings “be received, rather than mailed within 15 days.” The claimant did not file a brief in support of the petition to review.
We agree with the respondents that Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 99CA0963, March 2, 2000), is dispositive of the issue. In that case, the court held that, “for purposes of § 8-43-215, a request for specific findings of fact and conclusions of law must be received by the Division of Administrative Hearings within 15 days after the certificate of mailing of the summary order,” and that “mailing of the request does not suffice to effect a request.”
IT IS THEREFORE ORDERED that the ALJ’s order dated February 28, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 1999. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed May 18, 2000
to the following parties:
Sevilla L. Lawellin, 2521 King St., Apt. C, Colorado Springs, CO 80904-2568
Deluxe/Current, Inc., 1005 E. Woodmen Rd., Colorado Springs, CO 80920-3181
Mari Beth Ross, Claim Manager, Deluxe Corporation, P. O. Box 64235, St. Paul, MN 55164
Barbara McDaniel, Travelers Indemnity Company, P. O. Box 173762, Denver, CO 80217-3762
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
Lawrence D. Blackman, Esq., 1515 Arapahoe St., Tower 3, #600, Denver, CO 80202 (For Respondents)
BY: A. Pendroy