IN REF CABELA v. UPS, W.C. No. 4-701-794 (1/9/2009)

IN THE MATTER OF THE CLAIM OF BARBARA CABELA, Claimant, v. UNITED PARCEL SERVICE, Employer, and LIBERTY MUTUAL GROUP, Insurer, Respondents.

W. C. No. 4-701-794.Industrial Claim Appeals Office.
January 9, 2009.

ORDER OF REMAND
This case is before us pursuant to the remand of the Colorado Court of Appeals. The Court of Appeals set aside our order affirming the Administrative Law Judge’s determination that the referral by the employer’s physician to her personal physician was invalid. The Court of Appeals’ mandate issued on December 30, 2008.

IT IS THEREFORE ORDERED that the Administrative Law Judge’s order is set aside as to the claim for the disputed medical costs and the case is remanded for an appropriate award of medical costs.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ Curt Kriksciun

______________________________ Thomas Schrant

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BARBARA CABELA, AURORA, CO, (Claimant), UNITED PARCEL SERVICE, Attn: PAUL GETTER, COMMERCE CITY, CO, (Employer).

LIBERTY MUTUAL GROUP, Attn: SANDI GOLDBERG, C/O: LIBERTY MUTUAL INSURANCE COMPANY, IRVING, TX, (Insurer).

LAW OFFICE OF O’TOOLE SBARBARO, P.C., Attn: NEIL D O’TOOLE, ESQ., DENVER, CO, (For Claimant).

WEINBERGER SERRUTO, Attn: ROBERT A WEINBERGER, ESQ., DENVER, CO, (For Respondents).

COLORADO COURT OF APPEALS, DENVER, CO.

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