W.C. No. 3-105-328Industrial Claim Appeals Office.
February 14, 1997
CORRECTED ORDER
This matter is before us pursuant to the Colorado Compensation Insurance Authority’s (CCIA) “Motion for Corrective Order” submitted on January 29, 1997. The CCIA correctly states that the paragraph at the top of page 4 of our Final Order dated January 27, 1997, should read as follows:
“(c)(II)(A) accomplishes this result by ensuring that, when such claimants receive social security disability benefits, they will not suddenly experience an increased offset on account of their eligibility for social security retirement benefits.”
Our final order is corrected so as to reflect the change indicated above. In all other respects, our order is adopted as if fully set forth herein.
The claimant filed a motion for extension of time to respond to the CCIA’s motion. We deny the motion for extension since we agree with the CCIA that our original order contained an error and does not reflect our intended ruling.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 20, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review 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 the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C. R. S. (1996 Cum. Supp.).
Copies of this decision were mailed February 14, 1997
to the following parties:
Raymond G. Stolworthy, 2694 County Road 225, Durango, CO 81301
John H. Clark Construction, 5722 County Road 311, Ignacio, CO 81137-9712
Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq. (Interagency Mail)
Special Funds, Attn: Kathleen Pennucci (Interagency Mail)
Gail Harris, Esq., 572 E. Third Ave., Durango, CO 81301 (For the Claimant)
Scot J. Houska, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506 (For the Respondents)
David F. Schutzenhofer, Esq., Attorney General’s Office, 1525 Sherman St., 5th Flr., Denver, CO 80203 (For SIF)
By: ___________________________________________