W.C. No. 3-105-407Industrial Claim Appeals Office.
July 5, 1996
ORDER
The respondents have filed a “Motion for Reconsideration” of an order we entered in this matter on June 13, 1996. Inasmuch as we have no statutory authority to “reconsider” our decision, we construe the respondents’ Motion as a request for a “corrected order” under §8-43-302(a)(2), C.R.S. (1995 Cum. Supp.). We deny the request.
Our order affirmed an order of Administrative Law Judge Martinez (ALJ) which denied the respondents’ request for an offset in accordance wit Donald B. Murphy Contractors, Inc., v. Industrial Claim Appeals Office,
__ P.2d __ (Colo.App. No. 94CA1597, September 21, 1995), cert. denied April 29, 1996. We determined that, in the absence of an order reopening the claim, the ALJ did not err in denying the offset. We also concluded that it was premature to consider the respondents’ remaining contentions concerning the application of Murphy.
The respondents’ contend that we should have resolved their remaining arguments concerning the application of Murphy. However, our conclusion to the contrary was not due to mistake or inadvertence. Therefore, we decline the respondents’ request for a “corrected order.
IT IS THEREFORE ORDERED that the respondents’ Motion for Reconsideration is denied.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed July 5, 1996 to the following parties:
Martin L. Martinez, 968 Hwy. 65, Austin, CO 81410
Meadow Gold Dairies, Inc., 180 E. Broad St., Columbus, OH 43215-3707
John Bears, CIGNA, P.O. Box 2941, Greenwood Village, CO 80150-0141
Gudrun Rice, Esq., P.O. Box 3207, Grand Junction, CO 81502 (For the Claimant)
Lynn P. Lyon, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Respondents)
BY: _______________________