W.C. No. 4-009-257Industrial Claim Appeals Office.
January 22, 1997
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated December 12, 1996, and its mandate issued December 31, 1996. In its opinion, the Court of Appeals set aside our order dated December 26, 1995, insofar as we concluded that the claimant waived the issue of whether the Colorado Compensation Insurance Authority (CCIA) should be estopped from asserting a right of offset against proceeds which the claimant received from a third-party settlement. The court determined that the claimant properly raised this issue, and that the ALJ failed to rule on the matter in his order. Therefore, the court remanded the case with directions that the matter be returned to the ALJ to consider whether the “CCIA is equitably estopped from asserting any interest, by way of offset or otherwise, in the proceeds claimant obtained through settlement with the third party.” The court also held that the ALJ may allow the parties to present further evidence if he deems it appropriate.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEAL PANEL
________________________________ David Cain
________________________________ Bill Whitacre
Copies of this decision were mailed January 22, 1997 to the following parties:
Craig A. Sneath, 5953 S. Malta Way, Aurora, CO 80015-3311
Express Messenger, 1200 W. Evans, Denver, CO 80223
Colorado Compensation Insurance Authority, Attn: Brandee L. DeFalco-Galvin, Esq. (Interagency Mail)
Richard J. Lesch, Esq., 1120 Lincoln St., Ste. 1000, Denver, CO 80203-2138 (For the Claimant)
Office of the Attorney General, Human Resources Section, 1525 Sherman St., 5th Flr., Denver, CO 80203
By: ____________________