W.C. No. 4-746-176Industrial Claim Appeals Office.
April 13, 2009.
ORDER
The respondents seek review of a supplemental order of Administrative Law Judge Jones (ALJ) dated December 16, 2008, that found the respondents liable for the claimant’s compensable back injury of December 28, 2007. The ALJ reserved any issues not resolved by the order for future determination. We dismiss the petition to review without prejudice.
The ALJ found that the claimant sustained a compensable aggravation of a preexisting condition while performing the action of bending over in a narrow supply room to reach for supplies, an action which was required by her employment. The respondents filed a timely petition to review this order. However, the ALJ’s order contains no award of temporary disability benefits, nor any award of medical benefits. To the contrary, the ALJ reserved all unresolved issues for future determination.
Under § 8-43-301(2), C.R.S. 2008, a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders, which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties, are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). More specifically, orders which determine liability for benefits without determining the amount and type of benefits to be paid are interlocutory and not subject to review. Flint Energy Services, Inc. v. Industrial Claim Appeals Office of State 194 P.3d 448 (Colo.App. 2008) Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986); Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989) (order may be partially final and
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reviewable and partially interlocutory); CF I Steel Corp. v. Industrial Commission, 731 P.2d 144 (Colo.App. 1986). Here, although the ALJ determined that the claimant had sustained a compensable injury, the ALJ did not award any benefits but reserved all matters not determined for future determination.
IT IS THEREFORE ORDERED that the petition to review the ALJ’s order dated December 16, 2008 is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Curt Kriksciun
____________________________________ Thomas Schrant
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NORTH SUBURBAN MEDICAL CENTER, Attn: LESLIE GARNER, THORNTON, CO, (Employer).
ZURICH INSURANCE, Attn: MONICA WESTLUND BROADSPIRE, C/O: BROADSPIRE SERVICES, INC., DENVER, CO, (Insurer).
THE LAW OFFICES OF W DAN MAHONEY, P.C., Attn: W DAN MAHONEY, ESQ., DENVER, CO, (For Claimant).
SLEVIN DOTSON, P.C., Attn: CINDY SLEVIN, ESQ., GREENWOOD VILLAGE, CO, (For Respondents).
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