W.C. No. 4-449-506Industrial Claim Appeals Office.
July 11, 2001
ORDER
The respondent seeks review of an order of Administrative law Judge Friend (ALJ). We remand the matter for further proceedings.
On January 5, 2001, the ALJ issued an order which required the respondent to pay temporary total disability benefits. The respondent timely appealed. On May 21, 2001, a briefing schedule was established which required the respondent to file its brief in support of the petition to review no later than June 10, 2001. However, June 10 was a Sunday and therefore, the respondent’s opening brief was due June 11, 2001. See 2-4-108 C.R.S. 2000.
On July 3, 2001, the ALJ transmitted the file to us for review of the January order. The “Green Sheet” contains a note which states “No Briefs Filed.” We received the record on July 6, 2001. On July 9, we received the parties’ appellate briefs. The respondent’s opening brief contains a date stamp which indicates it was received by the Division of Administrative Hearings on June 11, 2001. It follows the claimant’s brief was timely filed. Therefore, we remand the matter to the ALJ for review of the brief(s), as appropriate, and further action pursuant to § 8-43-301(4) and (5), C.R.S. 2000.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed July 11, 2001 to the following parties:
Shelly Shaffer, 13500 S.W. 1st St., #U202, Pembroke Pines, FL 33027-1636
City and County of Denver, 1675 Broadway, #1600, Denver, CO 80202
Cathleen McEwen, Esq., 530 S. College Ave., #2, Ft. Collins, CO 80524 (For Claimant)
DeAngelo Starnes, Esq. and Wayne E. Vaden, Esq., 3333 Quebec St., #9000, Denver, CO 80207 (For Respondents)
BY: A. Pendroy