W.C. No. 4-649-073.Industrial Claim Appeals Office.
March 31, 2008.
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ORDER
This case is before us pursuant to the remand of the Colorado Court of Appeals. In a decision announced November 29, 2007, the Court set aside our Final Order issued October 13, 2006, and remanded the case for further proceedings. The Court held that we erred in affirming the ALJ’s order denying further benefits on the ground that the claim was closed by the filing of a second final admission of liability. The Court held that the second final admission of liability superseded the first final admission and extended the time for automatic closure of the claim. The Court also noted that neither we nor the ALJ had addressed the claimant’s contention that the Division independent medical examiner had a conflict of interest. The Court remanded for further proceedings, including consideration of that latter issue. The Court’s mandate issued March 19, 2008.
IT IS THEREFORE ORDERED that the case is remanded to the Office of Administrative Courts for any further necessary proceedings in accordance with the decision of the Court of Appeals.
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INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Curt Kriksciun
____________________________________ Thomas Schrant
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CATHY LEEWAYE, COLORADO SPRINGS, CO, (Claimant).
HARRISON SCHOOL DISTRICT #2, Attn: SHERIE SHUPE, COLORADO SPRINGS, CO, (Employer).
AMERICAN COMPENSATION INSURANCE COMPANY, Attn: BEVERLY FLEMING, MINNEAPOLIS, MN, (Insurer).
STEVEN U. MULLENS, ESQ., Attn: STEVEN U. MULLINS, ESQ., COLORADO SPRINGS, CO, (For Claimant).
THOMAS, POLLART, MILER WETMORE, PC, Attn: MARGARET KECK, ESQ., GREENWOOD VILLAGE, CO, (For Respondents).
COLORADO COURT OF APPEALS, DENVER, CO.