W.C. Nos. 4-175-649, 4-209-038, 4-209-331, 4-221-377Industrial Claim Appeals Office.
December 15, 1995
ORDER OF REMAND
Fresh Express Colorado Inc., and its insurer, the Colorado Compensation Insurance Authority (CCIA respondents) filed a Petition to Review an order of Administrative Law Judge Wells (ALJ), dated February 16, 1995. The record as transmitted to us on or about November 20, 1995, does not contain any appellate briefs. We remand the matter for completion of the briefing schedule.
The record reveals that a briefing schedule was established on September 28, 1995. Thereafter, Administrative Law Judge Wheelock (ALJ Wheelock) granted the CCIA respondents’ request for an extension of time to file a brief in support of their petition to review. On November 6, 1995, ALJ Wheelock granted the CCIA respondents’ request for an additional extension up to December 1, 1995.
Further, on December 5, 1995, Olsten Staffing Services, and its insurer, Hartford Insurance Company (Hartford respondents) filed a “Motion for Extension of Time” until January 12, 1996 to file their appellate brief. The Hartford respondents contend that their appellate brief is currently due on December 21, 1995, which is consistent with § 8-43-301(4), C.R.S. (1995 Cum. Supp.). The Hartford respondents also contend that they have not yet received a copy of the transcript.
Accordingly, we conclude that the time provided by the briefing schedule for the filing appellate briefs had not yet expired at the time the record was transmitted to us for review. Consequently, the record was prematurely transmitted to us, and must be remanded to ALJ Wells for completion of the briefing schedule. See § 8-43-301(4) (5), C.R.S. (1995 Cum. Supp.).
On remand, ALJ Wells shall also consider the “Motion for Extension of Time” filed by the Hartford respondents, and enter such further order as he deems appropriate. See § 8-43-207(1)(i), C.R.S. (1995 Cum. Supp); Malagon v. Iron Metals Inc., W.C. No. 3-904-294, February 7, 1990.
IT IS THEREFORE ORDERED pursuant to § 8-43-301(9), C.R.S. (1995 Cum. Supp.) that the matter is remanded to ALJ Wells for further proceedings consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed December 15, 1995 to the following parties:
Lynn Rigdon, P. O. Box 6185, Colorado Springs, CO 80934
Doubletree Hotels, 4 S. Cascade Ave., Colorado Springs, CO 80903
Olsten Staffing Services, 6035 Erin Park Dr., Colorado Springs, CO 80918
Deluxe/Current, Inc., 1025 E. Woodmen Rd., Colorado Springs, CO 80918
Fresh Express Colorado, Inc., 3147 N. Century Blvd., Colorado Springs, CO 80907
Aetna Life Casualty Company, Attn: Leah Rhone, P. O. Box 173712, Denver, CO 80217
Hartford Insurance Company, Attn: Reggie Vaughn, P. O. Box 221700, Denver, CO 80222
Travelers Indemnity Company, % Travelers Insurance Co., P. O. Box 17360, Denver, CO 80217
Colorado Compensation Insurance Authority, Attn: P. Tochtrop, Esq., — (Interagency Mail)
Paul D. Feld, Esq., 999 18th St., Ste. 3100, Denver, CO 80202
(For the Respondents Fress Express CCIA)
Steven R. Waldmann, Esq., 303 S. Circle Dr., #202, Colorado Springs, CO 80910
(For Claimant)
Tama Levine, Esq., 1290 Broadway, #708, Denver, CO 80203
(For Respondents Doubletree Hotels and Aetna Life Casualty Company)
John M. Connell, Esq., 1290 Broadway, #705, Denver, CO 80203
(For Respondents Olsten Staffing Services and Hartford Insurance Company)
Chad J. Hessel, Esq., 101 N. Cascade Ave., #400, Colorado Springs, CO 80903
(For Respondents Deluxe/Current, Inc. and Travelers Indemnity Company)
BY: _______________________