W.C. No. 4-317-699Industrial Claim Appeals Office.
December 31, 1997
ORDER
American Compensation Insurance Company (ACIC), and its insured, Foothills Care Inc., (collectively the ACIC respondents) seek review of an order of Administrative Law Judge Gandy (ALJ) dated May 14, 1997. We dismiss the appeal for lack of a final order.
Section 8-43-301(2), C.R.S. 1997, provides that a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989); CF I Steel Corp. v. Industrial Commission, 731 P.2d 144 (Colo.App. 1986).; Great West Casualty Co. v. Tolbert, (Colo.App. No. 90CA0046, October 4, 1990) (not selected for publication) (order requiring payment of benefits to “which the claimant may be entitled” was not yet reviewable).
Here, the ALJ determined that the claimant sustained an occupational disease to her upper extremities. The ALJ also determined that the claimant was last injuriously exposed to the hazards of the disease, and sustained a substantial permanent aggravation when Foothills Care was insured for workers’ compensation by the ACIC. Therefore, the ALJ’s order of May 14 held the ACIC respondents responsible for the occupational disease.
Contrary to the parties’ assertion, the ALJ did not order the ACIC respondents to pay temporary disability benefits. In fact, the ALJ made no findings of fact concerning whether the injury rendered the claimant temporarily disabled.
The ALJ ordered the ACIC respondents to pay “benefits pursuant to the Colorado Workers’ Compensation Act,” arising out of the occupational disease. The ALJ also ordered the respondent-insurers to pay the respective medical expenses incurred to treat the occupational disease, when they were on the risk. However, the ALJ did not award any specific medical benefits, and none were requested. See (Tr. pp. 6, 27). All other issues were expressly reserved for future determination.
Under these circumstances, the May 14 order does not award or deny any “benefit” within the meaning of § 8-43-301(2). Therefore, the ALJ’s order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated, May 14, 1997, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Dona Halsey
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for writ of certiorari with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed December 31, 1997 the following parties:
Dolores M. Sandoval, 619 Martin St., Longmont, CO 80501
Foothills Care, Inc., 1440 Coffman St., Longmont, CO 80501-2726
Home Indemnity Co., P.O. Box 6500, Englewood, CO 80155-6500
American Compensation Insurance Company, — Patricia Jean Clisham, Esq., 1200 17TH St., Ste. 1700, Denver, CO 80202
Susan M. Weiner, Esq., 4450 Arapahoe Ave., #100, Boulder, CO 80303 (For the Claimant)
Patricia J. Clisham, Esq., 1200 — 17th St., #1700, Denver, CO 80202-5817 (For American Comp.)
Bernard R. Woessner, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Home Indemnity)
BY: __________________________