IN RE WARD, W.C. No. 4-170-521 (3/3/98)


IN THE MATTER OF THE CLAIM OF ROBERT F. WARD, Claimant, v. TIERDALE CONSTRUCTION CO./DIA, Employer, and FARMINGTON CASUALTY COMPANY, Insurer, Respondents.

W.C. No. 4-170-521Industrial Claim Appeals Office.
March 3, 1998

ORDER

This matter is before us pursuant to a letter which the attorney for the claimant sent to an Assistant Attorney General for the State of Colorado. The letter concerns our Final Order dated October 15, 1997. A copy of the letter, dated February 13, 1998, is attached to this order and incorporated herein. The office of the Attorney General forwarded the letter to us on February 20, 1998. Significantly, we did not request representation by the Attorney General in the appeal currently pending before the Court of Appeals.

As may be seen, counsel’s letter expresses the opinion that “the Panel really missed the point in its ruling in this case.” Consequently, counsel requested the Assistant Attorney General to discuss the case with us and determine whether we “would wish to reverse [our] own position on appeal.”

Insofar as the letter may be interpreted as a request to issue a corrected order pursuant to § 8-43-302(1), C.R.S. 1997, thirty days has elapsed since the date of our Final Order. Consequently, we lack jurisdiction to enter a corrected order. Insofar as the letter may be interpreted as a request that we file a pleading with the Court of Appeals expressing disagreement with the views contained in our Final Order, we are not persuaded to do so.

IT IS THEREFORE ORDERED that no action will be taken with respect to the letter dated February 13, 1998.

INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ________________________________ Kathy E. Dean

NOTICE

This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1997.

Copies of this decision were mailed March 3, 1998 to the following parties:

Robert F. Ward, 11807 N. Washington, Sp. C110, Northglenn, CO 80233

Tierdale Construction Co., 1775 E. 69th Ave., Denver, CO 80229-7326

Farmington Casualty Co., Sandra H. Crenshaw, Travelers/Aetna Ins. Co., P.O. Box 173762, Denver, CO 80217-3762

William J. Macdonald, Esq., 1890 Gaylord St., Denver, CO 80206 (For the Claimant)

John R. Parsons, Esq., 1515 Arapahoe St., Tower 3, Ste. 600, Denver, CO 80202 (For the Respondents)

By: ________________________________