W.C. No. 4-222-552Industrial Claim Appeals Office.
September 17, 1996
FINAL ORDER
This matter has been remanded by the Court of Appeals pursuant to opinion issued by the court in Ernie Baylog, Inc. v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 95CA169, May 16, 1996). Mandate issued September 9, 1996.
The court concluded that a “four cent per mile” payment made by the employer to the claimant in connection with the claimant’s employment as an over-the-road truck driver is not includable in the calculation of the claimant’s average weekly wage. Therefore, the court set aside our order of November 1, 1995, which modified an order of Chief Administrative Law Judge Felter (ALJ) to include the four cent per mile payment in the claimant’s average weekly wage, and remanded the matter for reinstatement of the ALJ’s determination of average weekly wage.
IT IS THEREFORE ORDERED that the ALJ’s order dated February 14, 1995, is reinstated, and the claimant’s average weekly wage is $349.20.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed September 17, 1996 to the following parties:
Sally A. Olney, 7655 W. 67th Ave., #310, Arvada, CO 80004
Ernie Baylog, Inc., 4428 S. Argenne Way, Aurora, CO 80015
Thomas M. Schrant Esq., Patrick M. Plank Esq., 3464 South Willow St., Denver, CO 80231-4566 (For the Respondents)
Mark A. Simon, Esq., 501 S. Cherry St., Ste. 820, Denver, CO 80222 (For the Claimant)
BY: _______________________