W.C. Nos. 4-262-340, 4-258-257Industrial Claim Appeals Office.
June 11, 1997
ORDER
The Colorado Compensation Insurance Authority (CCIA), and its insured, Luna Construction, Inc., filed a Petition for Review of an order of Administrative Law Judge Stuber (ALJ) dated March 13, 1996. We dismiss the Petition for lack of a final order.
Pursuant to § 8-43-301(2), C.R.S. (1996 Cum. Supp.), a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843
(Colo.App. 1989); C F I Steel Corp. v. Industrial Commission, 650 P.2d 1332 (Colo.App. 1982); Great West Casualty Co. v. Tolbert, (Colo.App. No. 90CA0046, October 4, 1990) (not selected for publication) (order requiring payment of benefits “to which the claimant may be entitled” was not yet reviewable).
The ALJ found that the claimant suffered a substantial and permanent aggravation of an occupational disease while working for Luna Construction Inc., at a time when the employer was insured by the CCIA. The ALJ also determined that the occupational disease rendered the claimant temporarily totally disabled between August 2, 1995 and October 3, 1995. Therefore, the ALJ determined that the CCIA is liable for temporary total disability benefits during this period. However, the ALJ did not enter an order concerning the amount of temporary disability benefits to be awarded because there was no determination of the claimant’s average weekly wage. Further, the ALJ reserved for future determination all matters not expressly determined by the March 13 order.
Under these circumstances, the ALJ’s March 13 order does not award or deny any “benefit” within the meaning of § 8-43-301(2). Therefore, the ALJ’s order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161
(Colo.App. 1986).
IT IS THEREFORE ORDERED that the CCIA’s petition to review the ALJ’s order dated March 13, 1996, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order may be commenced inthe Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO80203, by filing a petition for writ of certiorari with the court,with service of a copy of the petition upon the Industrial ClaimAppeals Office and all other parties, within twenty (20) daysafter the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. (1996 Cum. Supp.).
Copies of this decision were mailed June 11, 1997 to the following parties:
Ruperto M. Pinon, P.O. Box 11522, Denver, CO 80211
Luna Construction, Inc., Curt Kriksciun, Esq., Colorado Compensation Insurance Authority Interagency Mail
Luna Construction, Inc., Mark H. Dumm, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority — Interagency Mail
California Indemnity Insurance Company, 5572 DTC Parkway, #335, P.O. Box 6597, Englewood, CO 80155-6597
Robert Maes, Esq., 1610 Gaylord St., Denver, CO 80206 (For Claimant)
Mark H. Dumm, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondent Employer and California Indemnity Insurance Company)
By: ________________________________