W.C. No. 4-237-851Industrial Claim Appeals Office.
February 9, 2004
ORDER
This matter has been remanded by the Supreme Court in Dworkin, Chambers Williams, P.C. v. Susan J. Provo, ___ P.3d ___ (Colo. 02SC792, December 1, 2003), with directions to dismiss the claimant’s claim for penalties against the respondents’ former attorneys. The Supreme Court held that penalties may not be assessed against the attorneys under § 8-43-304(1), C.R.S. 2003, for fraudulent or malicious advisement to violate a lawful order. Mandate issued on January 14, 2004, and the Court of Appeals remanded the case to us on February 2, 2004, with instructions to enter a new order consistent with the Supreme Court’s opinion.
IT IS THEREFORE ORDERED that the ALJ’s order dated February 16, 2000, is affirmed and the claimant’s request for penalties against the respondents’ former attorneys is denied and dismissed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Bill Whitacre
Copies of this decision were mailed February 9, 2004 to the following parties:
Susan Provo, 1902 W. Cucharras, Colorado Springs, CO 80904
Atmel Corporation, 1150 E. Cheyenne Mountain Blvd., Colorado Springs, CO 80906-4508
Industrial Indemnity, Fremont Compensation Insurance Group, 1471 Shoreline Dr., #200, Boise, ID 83702
Subsequent Insurance Fund, Tower 2, #630, Division of Workers’ Compensation — Interagency Mail
Crum Forester Group, P.O. Box 5090 TA, Denver, CO 80217-5090
Gregory K. Chambers, Esq., 3900 E. Mexico Ave., #1300, Denver, CO 80210
Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Patricia J. Clisham, Esq., 1200 17th St., #1700, Denver, CO 80202 (For Respondents)
Larry N. Harris, Esq., 769 W. Littleton Blvd., Littleton, CO 80120 (For Dworkin, Chambers Williams, P.C. and for Gregory K. Chambers, Esq.)
Brent A. Eisen, Esq., Office of the Attorney General, 1525 Sherman St., 5th floor, Denver, CO 80203 (For Subsequent Injury Fund)
BY: A. Hurtado