W.C. No. 2-986-485Industrial Claim Appeals Office.
January, 1996
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Gandy (ALJ), dated May 8, 1995, insofar as the order denied the claimant’s request for imposition of attorney fees against the respondent Colorado Compensation Insurance Authority (CCIA). We affirm.
Much of the procedural history of this case is set forth in our prior Order of July 12, 1995. That statement of the facts is incorporated in this order.
Subsequent to the ALJ’s order of January 4, 1995, the claimant filed a motion requesting that the CCIA be subjected to attorney fees based upon its unilateral reduction of the claimant’s workers’ compensation death benefits. The CCIA filed a response in which it argued, inter alia, that imposition of attorney fees is improper because the decedent’s death occurred prior to the effective date of § 8-43-216(1), C.R.S. (1995 Cum. Supp.). In the order of May 8, 1995, the ALJ “denied and dismissed” the claim for attorney fees.
On review, the claimant contends that the ALJ erred in denying the motion for attorney fees. In support of this position, the claimant argues that the plain language of § 8-43-216(1) authorizes the imposition of attorney fees in “any claim for compensation” which is made “on and after January 1, 1992.” The claimant reasons that both the CCIA’s conduct, as well as the adjudication of the claim for attorney fees, occurred after January 1, 1992. We disagree with the claimant’s argument.
Section 8-43-216(1) provides as follows:
“On and after January 1, 1992, in any claim for compensation, as part of the order pursuant to this part 2, the director or administrative law judge shall award reasonable attorney fees and costs, with interest, against the claimant’s attorney or the insurer’s or the employer’s attorney, if self-insured, if an attorney or party pursues or defends any claim for compensation or any part thereof that the administrative law judge determines lacked substantial justification.”
Section 8-43-216(1) was enacted as part of Senate Bill 91-218 (SB-218). 1991 Colo. Sess. Laws, ch. 219 at 1321. Consequently, the statute is subject to the express legislative direction that it “take effect July 1, 1991, and shall apply to injuries occurring on or after said date.” 1991 Colo. Sess. Laws, ch. 219, § 61 at 1342.
Section 61 of SB-218 does not contain any exception to the legislative directive that the provisions of SB-218 apply only to “injuries” occurring on or after July 1, 1991. Thus, the courts have consistently declined to apply the provisions of SB-218, including those governing attorney fees, to claims where the injury occurred prior to July 1, 1991. See Golden Animal Hospital v. Horton, 897 P.2d 833 (Colo. 1995); Hrabczuk v. John Lucas Landscaping, 888 P.2d 367 (Colo.App. 1994); Martinez v. Regional Transportation District, 832 P.2d 1060 (Colo.App. 1992).
Moreover, we have previously rejected the argument that the statutory reference to “any claim for compensation” made “on and after January 1, 1992,” is intended to act as the sole statutory exception to the applicability provisions of § 61 of SB-218. In Adams v. Neoplan U.S.A. Corp., W.C. No. 4-016-717, September 14, 1992, we stated the following:
“Although section 8-43-216 provides an award of attorney fees `on and after January 1, 1992, in any claim for compensation,’ that language must be construed in the context of the explicit directive that the provisions of Senate Bill 91-218 apply to claims for injuries arising on or after July 1, 1991. In our view, the reference to January 1992 was an attempt by the General Assembly to afford attorneys a `grace period’ to adjust to the new rules regarding attorney fees.”
Our order in Adams was set aside by the Court of Appeals in Adams v. Neoplan U.S.A. Corp., 881 P.2d 373 (Colo. 1993). However, the court’s ruling was based on the issue of standing, and the court did not comment on our reasoning concerning § 8-43-216(1). Consequently, we decline to depart from our prior holding in Adams.
However, even if we were to conclude that the language of §8-43-216(1) creates an ambiguity concerning the General Assembly’s intent, we would not reach a different result. Statutes should be read so as to give consistent, harmonious, and sensible effect to all their parts Henderson v. RSI, Inc., 824 P.2d 91 (Colo.App. 1991). Section 61 of SB-218 and § 8-43-216(1) can be read harmoniously under our interpretation of the law. The provisions of § 61 can be given effect by holding that §8-43-216(1) has no application to cases where the injury or death occurred prior to the July 1, 1991. Section 8-43-216(1) can be given effect by concluding that awards of attorney fees may be made only in those cases where the injury occurred on or after July 1, 1991, and the claim for compensation is made on or after January 1, 1992. Moreover, this reading renders § 8-43-216(1) consistent with the other provisions of SB-218 involving attorney fees. Hrabczuk v. John Lucas Landscaping, supra; Martinez v. Regional Transportation District, supra.
In this case, the death occurred prior to the effective date of SB-218. Consequently, we conclude that the ALJ correctly denied the claim for attorney fees. In light of this disposition, we need not consider the other arguments raised by the parties.
IT IS THEREFORE ORDERED that the ALJ’s order, dated May 8, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed _______________________ to the following parties:
Gladys Renz, 613 Griffin Pl., Ft. Collins, CO 80521-1819
Larimer County School District Poudre R-1, 2407 Laporte Ave., Ft. Collins, CO 80521
P. Tochtrop, Esq., Colorado Compensation Insurance Authority — Interagency Mail
Timms R. Fowler, Esq. and Alden T. Hill, Esq., 160 W. Mountain Ave., P. O. Box 421, Ft. Collins, CO 80522 (For Claimant)
Douglas P. Ruegsegger, Esq., 1700 Broadway, #1700, Denver, CO 80290-1701 (For Respondents)
John Baird, Esq., First Assistant Attorney General, 1525 Sherman St., 5th floor, Denver, CO 80203
Mark Gerganoff, Esq., Assistant Attorney General, 1525 Sherman St., 5th floor, Denver, CO 80203
By: ________________________