IN RE ROJAS, W.C. No. 4-196-881 (3/1/96)

IN THE MATTER OF THE CLAIM OF DANIEL E. ROJAS, Claimant, v. CITY AND COUNTY OF DENVER, Employer, and SELF-INSURED, Insurer, Respondent.

W.C. No. 4-196-881Industrial Claim Appeals Office.
March 1, 1996

ORDER OF REMAND

This matter has been remanded by the Court of Appeals in an opinion issued on January 25, 1996, in case No. 95CA1158. Mandate issued on February 13, 1996.

We previously reversed an order of Administrative Law Judge Friend (ALJ) which required the respondent to pay the claimant’s medical benefits. In so doing, we agreed with the respondent’s argument that the ALJ erred in concluding that the respondent is liable for the claimant’s work-related injury.

On appeal from our order, the Court of Appeals noted that the respondent filed a General Admission of Liability for medical benefits consistent with the ALJ’s order after the filing of the respondent’s Petition for Review. The court concluded that the record is insufficient to determine whether the General Admission settled the issues raised in the Petition for Review, or constituted a waiver of the respondent’s argument concerning liability. Therefore, the court set aside our order, and remanded the matter for a determination of the scope of a General Admission of Liability for medical benefits.

In light of the court’s determination that the record is insufficient to resolve the pertinent issues, we must remand the matter to the ALJ to conduct further proceedings which afford the parties an opportunity to present evidence on the relevant issues. Thereafter, the ALJ shall enter specific findings of fact, conclusions of law and an order concerning the scope of the respondent’s General Admission.

IT IS THEREFORE ORDERED that this matter is remanded to the ALJ for further proceedings and a new order in accordance with the court’s opinion.

INDUSTRIAL CLAIM APPEALS PANEL

_____
David Cain

_____
Kathy E. Dean

Copies of this decision were mailed March 1, 1996 to the following parties:

Daniel E. Rojas, 2813 S. Unita St., Denver, CO 80231

City County of Denver, 303 W. Colfax Ave., Ste. 1600, Denver, CO 80204

Louis B. Bruno, Esq., One Civic Center Plaza, Ste. 1099, 1560 Broadway, Denver, CO 80202-5143

(For the Claimant)

Daniel E. Muse, Esq. and Wayne Vaden, Esq., Workers’ Compensation Unit, 1445 Cleveland Pl., Annex 1, Ste. 200, Denver, CO 80202

(For the Respondent)

BY: _____