IN RE PEPPER v. FLORENCE, W.C. No. 4-578-846 (10/27/2006)

IN THE MATTER OF THE CLAIM OF BOOTH PEPPER, Claimant, v. CITY OF FLORENCE Employer, and CIRSA, Insurer, Respondents.

W.C. No. 4-578-846.Industrial Claim Appeals Office.
October 27, 2006.

ORDER OF REMAND
This case is before us pursuant to the remand of the Colorado Court of Appeals. In a decision issued September 22, 2005, the Court set aside our Final Order and remanded the case “for the ALJ’s reconsideration of claimant’s entitlement, as an employee, to workers’ compensation benefits.” On October 2, 2006, the Colorado Supreme Court affirmed the judgment of the Court of Appeals on different grounds. The mandate of the Court of Appeals issued on October 20, 2006.

IT IS THEREFORE ORDERED that the case is remanded to ALJ Mattoon for further proceedings as indicated.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ Dona Halsey

____________________________________ Thomas Schrant

Booth Pepper, Pueblo, CO, City of Florence, Florence, CO, CIRSA, Marla Myers, Denver, CO, Colorado Municipal League, Geoffrey Wilson, Esq., Denver, CO, Koncilja Koncilja, PC, Stephen M. Johnston, Esq., Pueblo, CO, (For Claimant).

Ritsema Lyon, PC, T. Paul Krueger II, Esq., Denver, CO, (For Respondents).