W.C. No. 4-358-286Industrial Claim Appeals Office.
May 8, 2000
ORDER OF REMAND
This matter is before us pursuant to be claimant’s “Motion for Time to File Brief.” We grant the motion and remand the matter for further proceedings.
On January 27, 2000, Administrative Law Judge Harr (ALJ) entered an order granting “partial summary judgment” concerning the claimant’s request for the imposition of penalties. The claimant filed a timely petition to review on February 4, 2000. The ALJ transmitted the matter to us by order dated April 4, 2000. On April 27, 2000, the claimant filed the motion alleging that no briefing schedule was ever established, and requesting that the matter be remanded to the ALJ for the purposes of establishing a briefing schedule and the filing of briefs.
We have reviewed the record transmitted to us. There is no indication that a briefing schedule was established as required by § 8-43-301(4), C.R.S. 1999, and Rule of Procedure VII (D) (1), 7 Code Colo. Reg. 1101-3 at 19. Thus, the matter must be remanded for compliance with the statutory review procedure.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for the purposes of establishing a briefing schedule, and the filing of briefs. Once briefs are filed or the time for filing has run, the appeal shall be processed in accordance with the procedures established by § 8-43-301.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed May 8, 2000
to the following parties:
Lorren Weston, 4221 E. Pikes Peak #34, Colorado Springs, CO 80909
Inventory Auditors Inc., 9265 Sky Park Ct., Ste. 100, San Diego, CA 92123-4312
Pinnacol Assurance, Attn: Randy Harrison, P.O. Box 469011, Denver, CO 80246-9011
William Alexander, Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For Claimant)
Eric J. Pollart, Esq., 600 17th St., Ste. 1600 N., Denver, CO 80202 (For Respondents)
BY: A. Pendroy