IN THE MTR. OF MCGEE v. PASTERKAMP HEATING, W.C. No. 4-505-189 (2/11/2011)

IN THE MATTER OF THE CLAIM OF JEFFREY MCGEE, Claimant, v. PASTERKAMP HEATING AND AIR CONDITIONING, and Employer, MID-CENTURY INSURANCE COMPANY, Insurer, Respondents.

W.C. No. 4-505-189.Industrial Claim Appeals Office.
February 11, 2011.

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 denied and dismissed the claimant’s request for wrist surgery on issue preclusion grounds. The Court of Appeals’ mandate issued on January 14, 2011.

IT IS THEREFORE ORDERED that the Administrative Law Judge’s order is set aside and the case is remanded for further proceedings as directed by the Court of Appeals.

INDUSTRIAL CLAIM APPEALS PANEL

_________________________________ John D. Baird

________________________________ Thomas Schrant

Page 2

JEFFREY MCGEE, LOVELAND, CO, (Claimant).

PASTERKAMP HEATING AND AIR CONDITIONING, DENVER, CO, (Employer).

MID-CENTURY INSURANCE COMPANY, Attn: TAMMY DEWALT, PHOENIX, AZ, (Insurer).

LAW OFFICE OF O’TOOLE SBARBARO, PC, Attn: JOHN A SBARBARO, ESQ., DENVER, CO, (For Claimant).

VARNELL ASSOCIATES, Attn: JOE ESPINOSA, ESQ., DENVER, CO, (For Respondents).

Page 1