W.C. No. 4-169-726Industrial Claim Appeals Office.
January 8, 1997
ORDER
This matter has been remanded by the Court of Appeals in an opinion dated December 12, 1996, in case No. 96CA0947. Mandate issued on December 31, 1996. The court set aside our order dated May 14, 1996, which modified an order of Administrative Law Judge Wheelock (ALJ) dated June 27, 1995.
We modified the ALJ’s award of temporary partial disability benefits insofar as the ALJ allowed the respondents to offset their liability by the claimant’s receipt of unemployment insurance benefits as provided by § 8-42-103(1)(f), C.R.S. (1996 Cum. Supp.). The Court of Appeals held that we erred in concluding that the offset was improper. Therefore, the court set aside our order and remanded the case with directions to remand the matter to the ALJ for reinstatement of the offset.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed January 8, 1997 to the following parties:
Virginia L. Mills, 6175 Burgess Rd., Colorado Springs, CO 80908
Susan N. Whitmore, DVM, Companion Animal Clinic, 2873 Dublin Blvd., Colo. Spgs., 80918
Colorado Compensation Insurance Authority, Attn: K. Kriksciun, Esq. (Interagency Mail)
William A. Alexander Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For the Claimant)
Beatrice Pagette, Office of the Attorney General, Human Resources Section, 1525 Sherman St., 5th Flr, Denver, CO 80203
Kristine E. Anderson, Esq. Thomas L. Kanan, Esq., 1700, Broadway, Ste. 1910, Denver, CO 80290 (For the Respondents)
BY: _______________________