W.C. No. 4-552-808.Industrial Claim Appeals Office.
November 24, 2004.
ORDER
This matter has been remanded to the Industrial Claim Appeals Office pursuant to the opinion of the Colorado Court of Appeals dated August 12, 2004, in docket number 03CA2217. The Court’s mandate issued on November 17, 2004.
The Court held that we erroneously reversed an order of Administrative Law Judge Jones (ALJ) which determined that injuries sustained during a work-place assault arose out of the employment, because the ALJ made no factual determination concerning whether the claimant was specifically targeted for the assault. Consequently, the Court set aside our order with directions to remand the matter to the ALJ for additional findings of fact concerning “whether claimant was specifically targeted for the assault,” or “the co-employee would have attacked any Muslim in claimant’s position.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for additional findings and a new order as to compensability, consistent with the Court’s order.
INDUSTRIAL CLAIM APPEALS PANEL
___________________ Kathy E. Dean
___________________ Dona Halsey
Ferhat Varupa, Aurora, CO, David Rodriguez, AARLA/Bron Tapes, Inc., Fresno, CA, Clarendon National Insurance Co., c/o Alixe Virbick, Gallagher, Bassett Services, Inc., Englewood, CO, Ligita S. Bardulis, Esq., Denver, CO, (For Claimant).
James B. Fairbanks, Esq. and Matthew C. Hailey, Esq., Denver, CO, (For Respondents).