W.C. No. 4-376-713Industrial Claim Appeals Office.
December 4, 2001
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated September 27, 2001. The court issued its mandate on November 23, 2001.
Our order, dated January 19, 2001, affirmed the order of Administrative Law Judge Hopf (ALJ) insofar as it denied penalties under § 8-43-304(1), C.R.S. 2001, based on failure to comply with a discovery order. However, with respect to this issue, the court set our order aside and instructed us to remand the matter to the ALJ with directions “to reconsider the imposition of penalties for failure to obey the order compelling discovery in light of” Holliday v. Bestop, Inc., 23 P.3d 700 (Colo. 2001).
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ to reconsider the imposition of penalties for violation of the discovery order in accordance with the instructions of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Bill Whitacre
Copies of this decision were mailed December 4, 2001 to the following parties:
Robert Tooley, 1519 Luke St., Ft. Collins, CO 80524
Nela Johnson, Richard K. Blundell, Esq. and Lauren Cabot Oray, Esq., 1024 8th St., Greeley, CO 80631
Greg Johnson, 1816 Lydia Dr., Loveland, CO 80537
Johnson Sons Trucking, Inc., Nela and Greg Johnson, 2331 South County Road 7, Loveland, CO 80537
Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Richard K. Blundell, Esq., and Lauren Cabot Oray, Esq., 1024 8th St., Greeley, CO 80631 (For Respondent Johnson Sons Trucking, Inc.)
B. Carter, Employer Investigations Unit, Division of Workers’ Compensation — Interagency Mail
Kat Pennucci, Special Funds Unit, Division of Workers’ Compensation — Interagency Mail
Hollyce H. Farrell, Esq., Office of the Attorney General, 1525 Sherman St., 5th floor, Denver, CO 80203
BY: A. Pendroy