IN RE PADILLA, W.C. No. 4-149-631 (1/18/96)


IN THE MATTER OF THE CLAIM OF AUGUSTO PADILLA, III, Claimant, v. DIGITAL EQUIPMENT CORPORATION, Employer, and LIBERTY MUTUAL INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 4-149-631Industrial Claim Appeals Office.
January 18, 1996

ORDER

This matter is before us pursuant to the opinion of the Court of Appeals dated November 24, 1995. The court’s mandate was issued on December 11, 1995.

In its opinion, the court directed that the matter be remanded for findings concerning “whether claimant’s work-related injury contributed in part to his post-termination wage loss.” See PDM Molding, Inc. v. Standberg, 898 P.2d 542 (Colo. 1995). The court also stated that, although there was some evidence presented concerning this issue, the record may need “further development” as to the cause of the claimant’s post-separation wage loss. We understand the court’s statement as authority for the ALJ, in the exercise of discretion, to hold an additional hearing to receive evidence on the post-separation wage loss issue.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings and entry of an order in accordance with the opinion of the Court of Appeals.

INDUSTRIAL CLAIM APPEAL PANEL

___________________________________ David Cain
___________________________________ Bill Whitacre

Copies of this decision were mailed January 18, 1996 to the following parties:

Augusto Padilla, P.O. Box 26544, Colorado Springs, CO 80936

Digital Equipment Corp., % ADP/UCM DPT MSU 50, P.O. Box 9081, Waltham, MA 02254

Liberty Mutual Insurance Co., Attn: Chris Crabtree, 13111 E. Briarwood Ave., #100, Englewood, CO 80112

William A. Alexander, Jr., Esq., 3608 Galley Road, Colorado Spring, CO 80909 (For the Claimant)

Jonathan S. Robbins, Esq. David T. McCall, Esq., 1120 Lincoln St., Ste, 1606, Denver, CO 80203 (For the Respondents)

Attorney General’s Office, John D. Baird, First Assistant Attorney General, 1525 Sherman St., 5th Flr., Denver, CO 80203

By: ______________________