W.C. No. 4-261-540Industrial Claim Appeals Office.
December 22, 1998
FINAL ORDER
This matter is before us pursuant to the opinion of the Court of Appeals dated November 13, 1998. The court issued its mandate on December 1, 1998.
The court affirmed our order of October 22, 1997, insofar as we held that Administrative Law Judge Wheelock (ALJ) correctly determined that the claimant was an employee of Integrity Business Services, Inc. However, the court set aside our order with respect to the claimant’s average weekly wage. The court ordered that the matter be remanded to the ALJ “for a recalculation of the temporary total disability award based upon an actual average weekly wage of $750.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the opinion of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
Copies of this decision were mailed December 22, 1998
to the following parties:
William C. Wright, 2875 Lone Feather, Colorado Springs, CO 80909
Kevin O’Neil, Red Oak Carpet Center, 4250 Hancock, Colorado Springs, CO 80911
Integrity Business Services, Inc., Attn: Mike McQuiddy, 7150 Campus Dr., #325, Colorado Springs, CO 80920
Allied Mutual Insurance Co., Attn: Kristine Shaddox, P.O. Box 5190, T. A., Denver, CO 80217-5190
Employer Compliance Unit, Attn: Rebecca Greben — Interagency Mail
W. Thomas Beltz, Esq. and Daniel A. West, Esq., 729 S. Cascade Ave., Colorado Springs, CO 80903 (For Claimant)
Ted A. Krumreich, Esq. and John M. Lebsack, Esq., 1225 17th St., 28th floor, Denver, CO 80202 (For Red Oak Carpet Center and Allied Mutual Insurance Co.)
James Clifton, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227
David Shakes, Esq., 4055 Nonchalant Circle South, Colorado Springs, CO 80917
By: ___________