W.C. No. 4-220-503Industrial Claim Appeals Office.
September 14, 1998
ORDER
This matter was remanded to the Industrial Claims Appeal Panel pursuant to an order of the court in Singleton v. Kenya Corporation, ___ P.2d ___ (Colo.App. No. 97CA1291, May 14, 1998). Mandate with costs was issued on August 31, 1998.
The court concluded that we erroneously affirmed an order of Administrative Law Judge Erickson (ALJ) which denied a claim for death benefits. Contrary to our determination, the court held that a decedent need not attain maximum medical improvement prior to his death for his dependents to recover death benefits under §8-42-116(1), C.R.S. 1998. Therefore, the court set aside our order and remanded the matter for further proceedings.
Further, the court remanded the matter with directions that the respondents to pay $41.60 in costs into the registry of the Industrial Claim Appeals Office to be distributed to the claimant. However, the Industrial Claim Appeals Office does not have a registry.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s order.
IT IS FURTHER ORDERED that the respondents shall remit the above-stated costs directly to claimant’s counsel within twenty (20) days of the date of this order. The respondents shall also provide to this office a copy of documents evidencing the payment.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this decision were mailed September 14, 1998 to the following parties:
Diane Singleton, 3315 Sylvester Road, Lot 50, Albany, GA 31705
Kenya Corporation, RR1, Box 39, Cedar Point, KS 66843-9710
Colorado Compensation Insurance Authority, Attn: Curt Kriksciun, Esq., (Interagency Mail)
Bruce Edwards, Esq., 801 Madison Ave., P.O. Box 248, Douglas, GA 31533 (For the Claimant)
Raymond F. Callahan, Esq., 3464 S. Willow St., Denver, CO 80231-4566 (For the Respondents)
William E. Myrick, Esq. David Hollar, Esq., 1045 Lincoln St., Ste. 200, Denver, CO 80203-2734 (For the Claimant)
BY: _______________________