W.C. No. 4-153-500Industrial Claim Appeals Office.
September 20, 1996
ORDER
The claimant seeks review of an order of pre-hearing Administrative Law Judge Muramoto (ALJ) which granted the respondents’ Motion for Extension of Time. We dismiss the petition to review without prejudice.
In an order dated May 22, 1996, the ALJ granted the respondents’ motion for an extension of time to admit liability or request an independent medical examination sponsored by the Division of Workers’ Compensation. The claimant contends that the ALJ lacked jurisdiction to grant the motion, and in any event abused her discretion in doing so.
Pursuant to § 8-43-301(2), C.R.S. (1996 Cum. Supp.), a dissatisfied party may file a petition to review any order which requires a party to pay a penalty or benefits, or denies the claimant a benefit or penalty. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties, are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989); Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
Here, the ALJ’s order does not require the respondents to pay any penalty or benefits, nor does it deny the claimant any benefit or penalty. Consequently, the order is interlocutory and not currently subject to review.
IT IS THEREFORE ORDERED that the claimant’s petition to review the ALJ’s order dated May 22, 1996, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate the Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C. R. S. (1995 Cum. Supp.).
Copies of this decision were mailed September 20, 1996 to the following parties:
Yolanda Liciaga, 317 Lyckman Pl., Fountain, CO 80817
MacFrugal’s Bargains Closeouts, 2430 E. Del Amo Blvd., Dominguez, CA 90220-6306
Cigna Insurance, Attn: Joe Stuyvesant, P.O. Box 25926, Albuquerque, NM 87125
K. Machelle Gielarowski, Esq., 90 S. Cascade, #1490, Colorado Springs, CO 80903 (For the Claimant)
Julie D. Swanberg, Esq., 4582 S. Ulster St., #906, Denver, CO 80237 (For the Respondents)
By: _____________________