IN REF MOLAND v. ROADWAY PKG SYS., W.C. No. 4-282-792 (1/9/2009)

IN THE MATTER OF THE CLAIM OF Brent Moland, Claimant, v. Roadway Package Systems, Inc., Employer, and Protective Insurance Company, Insurer, Respondents.

W. C. Nos. 4-282-792 4-282-794.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 denial of post-settlement agreement penalties. The Court of Appeals mandate issued on December 30, 2008.

IT IS THEREFORE ORDERED that the Administrative Law Judge’s order is set aside and the matter is remanded for reinstatement of the penalty originally imposed.

INDUSTRIAL CLAIM APPEALS PANEL

______________________________ Thomas Schrant

______________________________ Robert M. Socolofsky

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BRENT MOLAND, DENVER, CO, (Claimant).

ROADWAY PACKAGE SYSTEM INC, Attn: AMY KELLEY, ENGLEWOOD, CO, (Employer).

PROTECTIVE INS CO, Attn: PAULINE MILLER, INDIANAPOLIS, IN, (Insurer).

WILCOX OGDEN PC, Attn: RALPH OGDEN, ESQ., DENVER, CO, (For Claimant).

WHITE AND STEELE PC, Attn: TED A, KRUMREICH, ESQ., DENVER, CO, (For Respondents).

COLORADO COURT OF APPEALS, DENVER, CO.

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