W.C. No. 4-122-839Industrial Claim Appeals Office.
May 28, 1999.
ORDER OF REMAND
This matter has been remanded by the Court of Appeals in an order dated March 25, 1999, in case 98CA1532. Mandate was issued on May 26, 1999. The court concluded that we erred in affirming an order of Administrative Law Judge Rumler (ALJ) which denied permanent total disability benefits.
The court concluded the ALJ misconstrued the testimony of the treating rheumatologist concerning the cause of the claimant’s permanent disability. Under these circumstances, the court set aside our order with directions that the matter be remanded to the ALJ for a new determination of the respondents’ liability for permanent total disability benefits.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for the entry of a new order consistent with the order of the court.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
Copies of this decision were mailed May 28, 1999 the following parties:
Ray A. Williams, 5451 Chandler Way, Denver, CO 80239
Court House, Inc., 4121 S. Julian Way, Denver, CO 80236-3101
Colorado Compensation Insurance Authority, Attn: Laurie Schoder, Esq. (Interagency Mail)
Division of Workers’ Compensation, Subsequent Injury Fund, Attn: Barbara Carter (Interagency Mail)
Raymond F. Callahan, Esq., 3464 S. Willow St., Denver, CO 80231-4566 (For the Respondents)
Steven H. Gurwin, Esq., 1777 S. Harrison St., #906, Denver, CO 80210 (For the Claimant)
Andrew Katarikawe, Esq., Office of the Attorney General, Civil Litigation, 1525 Sherman St., 5th Flr., Denver, CO 80203 (For SIF)
By: A. Pendroy