W.C. No. 4-225-688Industrial Claim Appeals Office.
March 22, 2000
ORDER
This matter is before us pursuant to be claimant’s “Motion to Correct Procedural Irregularities.” The claimant requests that the matter be remanded to the ALJ to allow the claimant to file a brief in support of the petition to review. The claimant argues he did not receive notice of the briefing schedule as required by § 8-43-301(4), C.R.S. 1999.
We note that the claimant’s motion was not filed until after entry of our Final Order dated February 24, 2000. Further, by letter dated December 29, 1999, we notified counsel for claimant that we had received the record on appeal and that the “record does not contain a brief from the appealing party.” Thus, counsel was afforded timely notice that the record did not contain a brief in support of the petition to review, and could have requested the remand prior to entry of our order of February 24. However, because no request was made until after entry of our order, we conclude that the claimant waived the right to file a brief, and is not entitled to a remand for that purpose.
IT IS THEREFORE ORDERED that the claimant’s Motion to Correct Procedural Irregulartities is denied.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 1999. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed March 22, 2000to the following parties:
Raymond C. Torres, 3345 Cochran Dr., Colorado Springs, CO 80916
Mike Bonicelli, Nevada Auto Sales, Inc., 934 S. Nevada, Ave., Colorado Springs, CO 80903
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority nka Pinnacol Assurance — Interagency Mail (For Respondents)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
Michael W. Sutherland, Esq., 1660 S. Albion St., #425, Denver, CO 80222-4043
BY: A. Pendroy