IN RE ROMERO, W.C. No. 4-107-795 (5/3/96)

IN THE MATTER OF THE CLAIM OF DORA C. ROMERO, Claimant, v. SALVATION ARMY, Employer, and ASSOCIATED INDEMNITY, Insurer, Respondents.

W.C. No. 4-107-795Industrial Claim Appeals Office.
May 3, 1996

ORDER

This matter is before us pursuant to the mandate of the Supreme Court issued on March 28, 1996, and the mandate of the Court of Appeals issued on April 5, 1996. In the case of Industrial Claim Appeals Office v. Romero, 912 P.2d 62 (Colo. 1996), the Supreme Court held that § 8-42-111(5), C.R.S. (1995 Cum. Supp.) is unconstitutional. The effect of the Supreme Court’s order was to vacate our order of July 25, 1994.

IT IS THEREFORE ORDERED that the matter is remanded to the Division of Workers’ Compensation to implement the decision of the Supreme Court.

INDUSTRIAL CLAIM APPEAL PANEL

___________________________________ David Cain
___________________________________ Kathy E. Dean

Copies of this decision were mailed May 3, 1996 to the following parties:

Dora Romero, 3520 Ivywood, Pueblo, CO 81005

Salvation Army, P.O. Box 1385, Colorado Springs, CO 80903

Fireman’s Fund Ins. Co., Attn: Elsie R. Havens, 7600 E. Eastman, Tamarac 3, Denver, CO 80231

Mark Anderson, Esq., 123 W. 12th St., Pueblo, CO 81003 (For the Claimant)

Richard K. Rediger, Esq., 7600 E. Eastman Ave., #403, Denver, CO 80231 (For the Respondents)

John D. Baird, Esq., Attorney Generals Office, 1525 Sherman St., Flr. 5, Denver, CO 80203

By: ______________________