W.C. No. 4-162-954Industrial Claim Appeals Office.
September 11, 1996
FINAL ORDER
The respondent has filed a Petition for Review of an order of Administrative Law Judge Gandy (ALJ), which determined that the respondent’s Final Admission of Liability dated July 30, 1993, did not close the claim. We dismiss the petition for review for lack of a final order.
The ALJ’s order does not award or deny any benefits or penalties. Rather, the sole issue before the ALJ was whether the claim was closed. Furthermore, the ALJ’s order expressly reserves all other issues for future determination.
Under these circumstances the ALJ’s order is not a “final order” within the meaning of § 8-43-301(2), C.R.S. (1996 Cum. Supp.). Therefore, the ALJ’s order is not currently subject to review. See Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondent’s petition for review of the ALJ’s order dated January 24, 1996, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for 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 this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1996 Cum. Supp.).
Copies of this decision were mailed September 11, 1996 to the following parties:
Dorothy J. Tenorio, 2803 Alan St., Ft. Collins, CO 80524
Poudre Valley Hospital Dist., 1024 N. Lemay Ave., Ft. Collins, CO 80524-2323
Poudre Valley Health Care, Inc., Hewitt Coleman Assoc., 1325 S. Colorado Blvd., #111 Denver, CO 80222
Karen R. Wells, Esq., 3900 E. Mexico, Ste. 1000, Denver, CO 80210 (For the Respondent)
W. M. Busch, Jr., Esq., 903 N. Cleveland Ave., Ste. A, Loveland, CO 80537 (For the Claimant)
BY: _______________________