W.C. No. 4-297-289Industrial Claim Appeals Office.
December 3, 1999
ORDER OF REMAND
This matter is before us pursuant to the opinion of the Court of Appeals dated July 22, 1999. The court issued its mandate on October 28, 1999.
In its opinion, the court set aside our order of October 9, 1998, insofar as we affirmed the administrative law judge’s (ALJ) finding that the claimant’s carpal tunnel syndrome is a compensable consequence of the January 1996 knee injury. The court affirmed our order to the extent we upheld the ALJ’s determination that the claimant is permanently and totally disabled, and that no apportionment may be made based on the claimant’s 1989 knee injury. The court remanded for further proceedings in light of its determination that the carpal tunnel syndrome “must be viewed as a separate injury contributing to claimant’s permanent total disability, and not as a compensable consequence of the [1996] knee injury.”
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for further proceedings consistent with the opinion of Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Bill Whitacre
Copies of this decision were mailed December 3, 1999 to the following parties:
Thomas A. Trujillo, 235 S. Irving St., Denver, CO 80219
Kimberly Costin, Public Service Co., 1225 17th St., Ste. 800, Denver, CO 80201-0840
Douglas R. Phillips, Esq., 155 S. Madison, Ste. 330, Denver, CO 80209 (For the Claimant)
Michael A. Perales, Esq., 999 18th St., Ste. 3100, Denver, CO 80202 (For the Respondent)
BY: L. Epperson