W.C. No. 4-262-510Industrial Claim Appeals Office.
October 27, 1997
ORDER
This matter is before us pursuant to the opinion of the Court of Appeals dated August 14, 1997. The court issued its mandate on September 11, 1997.
In our order dated September 18, 1996, we affirmed the ALJ’s order terminating temporary total disability benefits. In its opinion, the court set aside our order, and remanded with directions that the case be returned to the ALJ for a determination of the identity of “the attending physician at the time of the purported release,” and a determination of “whether the release was approved by the attending physician.” Further, the court directed that temporary total disability benefits be terminated “only as of the date the report was mailed to the claimant.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings and entry of an order consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
Copies of this decision were mailed October 27, 1997 to the following parties:
Brian R. Popke, 7645 CR 250, Durango, CO 81301
Richard Bates d/b/a Drywall Service of Durango, 90 CR 206, Durango, CO 81301-7683
Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq. (Interagency Mail)
Robert C. Dawes, Esq., 572 E. Third Ave., Durango, CO 81301 (For the Claimant)
Scot J. Houska, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506 (For the Respondents)
BY: _______________________