W.C. No. 4-207-093Industrial Claim Appeals Office.
November 3, 1997
ORDER OF REMAND
This matter has been remanded to us pursuant to an order of the Court of Appeals dated July 24, 1997. Mandate issued on October 20, 1997.
The court concluded that we erred in upholding an order of Administrative Law Judge Wheelock (ALJ) which denied a claim for temporary total disability benefits after April 5, 1994. Therefore, the court set aside our order and remanded the matter with directions that we remand the case to the ALJ for further proceedings consistent with PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995). Specifically, the court held that the ALJ shall take additional evidence concerning whether the industrial injury contributed, “to some degree” to the claimant’s wage loss following his voluntary resignation from employment, and shall enter a new order based upon that evidence.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the court’s opinion dated July 24, 1997.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
Copies of this decision were mailed November 3, 1997 to the following parties:
Ty S. Strain, P.O. Box 503, Cookeville, TN 30503
Intermountain Steel Mfg., Inc., 1235 Valley St., Colorado Springs, CO 80915-2881
Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq. — Interagency Mail
Pamela J. Adams Donnelly, Esq., P.O. Box 2940, Colorado Springs, CO 80901-2940 (For the Claimant)
William C. Joliffe, Esq., 105 East Moreno, Colorado Springs, CO 80903 (For the Claimant)
By: __________________________