W.C. No. 4-265-783Industrial Claim Appeals Office.
September 15, 1997
ORDER
This matter is before us pursuant to the opinion of the Court of Appeals dated July 3, 1997. The court issued its mandate on August 8, 1997.
In our order dated October 24, 1996, we upheld an order of the Administrative Law Judge (ALJ) denying the respondents the right to offset their liability for temporary total disability benefits by the amount of unemployment insurance benefits received by the claimant. Subsequent to our decision, the Supreme Court issued its decision in Pace Membership Warehouse v. Axelson, 938 P.2d 504 (Colo. 1997).
Here, the Court of Appeals set aside our order and remanded with directions that the case be returned to the ALJ for reconsideration in light of Pace Membership Warehouse v. Axelson, supra. Thus, the matter must be remanded to the ALJ for further proceedings in accordance with the opinion of the Court of Appeals.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Bill Whitacre
Copies of this decision were mailed September 15, 1997 the following parties:
Surang Unaboot, 2910 North Ave., #39B, Grand Junction, CO 81504
Mountainsmith, Inc., 18301 W. Colfax Ave., Bldg. P, Golden, CO 80401-4834
Colorado Compensation Insurance Authority, Attn: Michael J. Steiner, Esq. Curt Kriksciun, Esq. (Interagency Mail)
Thomas W. Blake, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506 (For the Respondents)
Gudrun Rice, Esq., P.O. Box 3207, Grand Junction, CO 81502 (For the Claimant)
BY: _______________________________