IN RE PULLEN, W.C. No. 3-996-984 (4/14/97)

IN THE MATTER OF THE CLAIM OF ROBERT L. PULLEN, Claimant, v. MARTIN MARIETTA CORPORATION, Employer, and PACIFIC EMPLOYERS INSURANCE COMPANY and/or SUBSEQUENT INJURY FUND, Insurers, Respondents.

W.C. No. 3-996-984Industrial Claim Appeals Office.
April 14, 1997

ORDER

This matter is before us pursuant to the opinion of the court of appeals dated November 16, 1995. The court issued its mandate on March 7, 1997.

In its opinion, the court set aside that portion of our order dated February 13, 1995, which held the Subsequent Injury Fund liable for the claimant’s benefits in excess of $10,000. The court remanded the matter for “correction” of our order.

IT IS THEREFORE ORDERED that our February 13, 1995 order is corrected to reflect that the Subsequent Injury Fund is not liable for any of the claimant’s benefits, and the file shall be returned to the Division of Workers’ Compensation.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ David Cain
______________________________ Kathy E. Dean

Copies of this decision were mailed April 14, 1997 to the following parties:

Robert L. Pullen, 3004 Franklin St., Apt. C, Denver, CO 80205

Martin Marietta Corp., P.O. Box 179, Mail Stop DC1396, Denver, CO 80201-0179

CIGNA P C Co./Pacific Employer, P.O. Box 2941, Greenwood Village, CO 80110-0141

Subsequent Injury Fund — Interagency Mail

Attorney General’s Office, Attn: Michael P. Serruto, Esq., 1525 Sherman St., 5th Flr.,

Denver, CO 80203 (For SIF)

Mark H. Dumm, Esq. Bernard Woessner, Esq., 3900 E. Mexico Ave., Ste. 1000,

Denver, CO 80210 (For the Respondents)

Lawrence D. Blackman, Esq., 1515 Arapahoe St., Tower 3, Ste. 600, Denver, CO 80202

(For the Claimant)

BY: _______________________