W.C. No. 3-843-951Industrial Claim Appeals Office.
January 15, 1998
ORDER
The claimant has filed a Petition to Review an order of Prehearing Administrative Law Judge Harr (PALJ), dated October 17, 1997, which granted the respondent-employer’s motion for a protective order concerning interrogatories propounded by the claimant. We dismiss the petition to review without prejudice.
Section 8-43-207.5(2), C.R.S. 1997, permits PALJs to enter “interlocutory orders.” Section 8-43-207.5(3), C.R.S. 1997, goes on to state that orders of PALJs “shall be interlocutory.” We do not have jurisdiction to review interlocutory orders, including those issued by PALJs. Orth v. Industrial Claim Appeals Office, 942 P.2d 1368 (Colo.App. 1997); Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986); § 8-43-301(2), C.R.S. 1997.
The October 17 order does not grant or deny any benefit or penalty within the meaning of § 8-43-301(2). The order solely addresses discovery issues. Thus, the order is not currently final and reviewable. See American Express v. Industrial Commission, 712 P.2d 1132 (Colo.App. 1985) (order requiring payment of expenses for deposition interlocutory and not reviewable). Nevertheless, the claimant remains free to raise the issue with an ALJ in the Division of Administrative Hearings Orth v. Industrial Claim Appeals Office, supra.
IT IS THEREFORE ORDERED that the claimant’s petition to review the PALJ’s order dated October 17, 1997, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ Kathy E. Dean ________________________________ Bill Whitacre
NOTICE
An action to modify or vacate the Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 843-301(10) and 307, C. R. S. 1997.
Copies of this decision were mailed January 15, 1998 to the following parties:
Jacqueline Reed, 3122 Fireweed Dr., Colorado Springs, CO 80918
Sylvia Harding, Hewlett Packard, P.O. Box 2197, Colorado Springs, CO 80901-2197
Mary Garry, Hewlett Packard, 3000 Hanover Street M/S 20BK, Palo Alto, CA 94304
Liberty Mutual Ins. Co., Attn: Leona Zuffoletto, 13111 E. Briarwood Ave., Ste. 100, Englewood, CO 80112
Steven U. Mullens, Esq., P.O. Box 2940, Colorado Springs, CO 80901-2940 (For the Claimant)
Bruce B. McCrea, Esq., 1777 S. Harrison, #1110, Denver, CO 80222 (For Hewlett Packard)
Scott M. Busser, Esq., 300 S. Jackson St., Ste. 570, Denver, CO 80209 (For Liberty Mutual Ins.)
By: ________________________________