W.C. No. 4-686-863.Industrial Claim Appeals Office.
July 31, 2007.
ORDER
The respondents seek review of an order of Administrative Law Judge Harr (ALJ) dated February 23, 2007, that determined the claimant’s claim against the employer for benefits was compensable. We dismiss the petition to review without prejudice.
The ALJ bifurcated the issues set for hearing and the parties only tried the issue of compensability. The parties stipulated to reserve the issue whether the insurer provided coverage for the employer’s workers’ compensation claims or whether the employer is uninsured. The parties agreed that should the ALJ find the claimant’s claim compensable, the parties would obtain testimony from witnesses on the coverage issue by deposition. The ALJ determined that the claimant’s claim against the employer for benefits under the Workers’ Compensation Act was compensable. The ALJ further ordered that all issues not expressly decided, including the issues of coverage and liability for specific benefits, was reserved for future determination. The ALJ did not order the payment of any benefits. Under these circumstances the claimant argues that the ALJ’s order is not presently final and reviewable. We agree.
Section 8-43-301(2), C.R.S. 2006 states that any dissatisfied party may file a petition to review “an order which requires any party to pay a penalty or benefits or denies a claimant any benefit or penalty.” An order which does not satisfy one of the finality criteria of this statute is interlocutory and not subject to immediate review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). In our view because no benefits were
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awarded and even the identity of the party liable for payment of potential benefits was not established, the order is not presently final and reviewable. The absence of a final, reviewable order is fatal to our jurisdiction. Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193
(Colo.App. 1991).
IT IS THEREFORE ORDERED that the petition to review the ALJ’s order dated February 23, 2007 is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
_______________________ Tom Schrant
_______________________ Curt Kriksciun
JANICE WARD, 3908 MOUNTAIN DR., GLENWOOD SPRINGS, CO, (Claimant) WESTERN SLOPE ONCOLOGY, Attn: DR. IRA S. JAFFERY, 622 19TH STREET STE 302, GLENWOOD SPRINGS, CO, (Employer) SENECA INSURANCE COMPANY, 9785 MARROON CIRCLE, ENGLEWOOD, CO, (Insurer) KAUFMAN KAUFMAN, LLC, Attn: DONALD J. KAUFMAN, ESQ., GLENWOOD SPRINGS, CO, (For Claimant).
BECHTEL SANTO, LLP, Attn: MICHAEL C. SANTO, ESQ., GRAND JUNCTION, CO, (For Respondents).
LEAVENWORTH KARP, PC, Attn: SANDER N. KARP, ESQ., GLENWOOD SPRINGS, CO, (Other Party) LAW OFFICE OF RICHARD M. KAUDY, Attn: RICHARD M. KAUDY, ESQ., DENVER, CO, (Other Party 2).
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