W.C. No. 4-174-578Industrial Claim Appeals Office.
September 6, 2000
ORDER OF REMAND
This matter has been transmitted to us for review of an order of Administrative Law Judge Stuber (ALJ) which imposed penalties again Robert J. Ore (Ore). We remand the matter for a determination of whether Ore timely filed a petition to review.
Our jurisdiction to review the ALJ’s order is dependent on the timely filing of a petition to review. Digital Equipment Corp. v. Industrial Claim Appeals Office, 894 P.2d 54 (Colo.App. 1995). Section 8-43-301(2), C.R.S. 2000, provides that a petition for review must be filed “within twenty days from the day of the certificate of mailing of the order.”
The ALJ entered an order dated February 7, 2000, which imposed a penalty against Ore in the amount of $500 under §8-43-304(1), C.R.S. 2000, for giving false testimony. The order contains a certificate of mailing dated February 9, 2000.
The claimant filed a timely petition to review the ALJ’s order and alleged the ALJ should have imposed penalties greater than $500. In his Brief in Opposition to the claimant’s petition to review, Ore contends the ALJ erroneously assessed penalties under § 8-43-304. However, the record transmitted to us on review does not contain a petition to review filed by Ore. Consequently, we are unable to ascertain whether we have jurisdiction to consider Ore’s contention that he is not subject to penalties under § 8-43-304.
On remand, the ALJ must determine whether Ore timely filed a petition to review the February 7 order. If a petition was timely filed it shall be included in the record and the matter shall be retransmitted to us for review of the February 7 order. If the ALJ finds Ore did not timely appeal the penalty order, the ALJ shall enter an order to that effect and retransmit the matter to us for consideration of the claimant’s petition to review.
We note that Ore’s appellate argument may be dispositive of the claimant’s petition to review. Consequently, to promote judicial economy we elect not address the claimant’s appellate argument until it is determined whether we have jurisdiction to consider Ore’s contention that no penalties are due.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for a determination of whether Ore timely filed a petition to review the order dated February 7, 2000.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed September 6, 2000 to the following parties:
Jamie J. Smith, 117 Iroquois, Florissant, CO 80816
A-Reliable Roofing Co., 3614 E. St. Vrain St., Colorado Springs, CO 80909-6623
Legal Department, Colorado Compensation Insurance Authority dba Pinnacol Assurance — Interagency Mail
Barbara Carter, Special Funds Unit, Division of Workers’ Compensation — Interagency Mail
Robert J. Ore, 2598 D S. Vaughn Way, Aurora, CO 80014
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
J. E. Losavio, Esq. and John K. Priddy, Esq., 616 W. Abriendo Ave., Pueblo, CO 81004 (For Respondent Ore)
BY: A. Pendroy