IN RE RIVALE, W.C. No. 3-805-137 (8/24/98)

IN THE MATTER OF THE CLAIM OF J.C. RIVALE, Claimant, v. CENTENNIAL RACE TRACK, Employer, and NATIONAL UNION FIRE INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 3-805-137Industrial Claim Appeals Office.
August 24, 1998

ORDER

This matter is before us pursuant to the opinion of the Court of Appeals dated November 13, 1997. The court issued it mandate on July 10, 1998.

In its decision, the court held that the Director of the Division of Workers’ Compensation (Director) “did not make findings or conclusions concerning what specific issues, if any, were subject to closure and dismissal pursuant to the statutory terms.” Consequently, the court remanded the matter with directions to return the case to the Director “for further proceedings and entry of a new order with regard to the respondents’ motion to dismiss.”

IT IS THEREFORE ORDERED that the matter is remanded to the Director of the Division of Workers’ Compensation for further proceeding consistent with the opinion of the Court of Appeals.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ David Cain
______________________________ Kathy E. Dean

Copies of this decision were mailed August 24, 1998 to the following parties:

J. C. Rival, P.O. Box 26, Campo, CO 81029

Tom Kelly, Delaware North Companies, Inc., One Delaware North Plaza, 438 Main St., Buffalo, NY 14202

Lisa Cruz, Crawford Co., 7000 S. Yosemite, #150, P.O. Box 6502, Englewood, CO 80155-6502

Christie de Balbine, Crawford Co., One International Blvd., #300, Mahwah, NJ 07495

Ralph Ogden, Esq., 1750 Gilpin St., Denver, CO 80218 (For the Claimant)

Karen Gail Treece. Esq. Kathleen M. North, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)

By: _______________________