W.C. No. 4-792-207.Industrial Claim Appeals Office.
March 26, 2010.
ORDER
The respondents seek review of an order of Administrative Law Judge Felter (ALJ) dated November 13, 2009, that determined the claimant sustained a compensable occupational disease to his back. We dismiss the petition to review without prejudice.
A hearing was held on the sole issue of the compensability of an alleged occupational disease of the claimant’s back. The ALJ found the claim to be compensable but reserved all other issues for future decision. The respondents appealed and argue that the ALJ abused his discretion in finding that the claimant sustained an occupational disease. However, we conclude that the order is not final and, therefore, not presently reviewable.
Under § 8-43-301(2), C.R.S., a party dissatisfied with an order “which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty,” may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo. App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo. App. 1989) (order may be partially final and reviewable and partially interlocutory) CF I Steel Corp. v. Industrial Commission, 731 P.2d 144 (Colo. App. 1986).
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We have previously held that orders which only determine compensability are interlocutory. See Gonzales v. Public Service Co. of Colorado, W.C. No. 4-131-978 (May 14, 1996); Tilton v. ABC Turf Care, W.C. No. 3-105-542 (August 18, 1994). Here, although the ALJ determined that the claimant had sustained a compensable occupational disease he did not award any specific benefits or compensation. Accordingly, the order is not presently final and reviewable at this time.
IT IS THEREFORE ORDERED that the respondents’ petition to review the ALJ’s order dated November 13, 2009 is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Curt Kriksciun
____________________________________ Thomas Schrant
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GABRIEL PEREZ, PUEBLO, CO, (Claimant).
SARA LEE CORPORATION, Attn: LORI D WEEKS, HR MANAGER, COMMERCE CITY, CO, (Employer).
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Attn: ANITA FRESQUEZ MONTOYA, TAMPA, FL, (Insurer).
LAW OFFICE OF VINCENT M. BALKENBUSH, LLC, Attn: VINCENT M. BALKENBUSH, ESQ., ENGLEWOOD, CO, (For Claimant).
TREECE, ALFREY, MUSAT BOSWORTH, PC, Attn: KATHLEEN M. FAIRBANKS, ESQ., DENVER, CO, (For Respondents).