W.C. No. 4-597-096.Industrial Claim Appeals Office.
November 18, 2009.
ORDER TO SHOW CAUSE
The claimant sought review of an order of Administrative Law Judge Cannici (ALJ) dated July 15, 2009, that denied the claimant’s request to reopen his Workers’ Compensation claim. Pursuant to § 8-43-301(9), C.R.S. 2009, we issue this order to show cause why the petition for review should not be dismissed.
After the claimant’s petition to review was filed counsel for the claimant sent a letter to the Office of Administrative Courts, which was sent on to us. The letter reports the death of the claimant. A Certificate of Death is attached to the letter and lists the cause of death as acute heart failure as a result of atherosclerotic heart disease. This appears to be unrelated to the admitted left shoulder injury, which was the subject of the proceedings below.
The letter from counsel for the claimant appears to be a suggestion of death on the record pursuant to C.R.C.P. 25(a)(1). However, no substitution of claims or parties occurred. We are bound by the time limits imposed by § 8-43-301(11) which requires the panel to issue an order within sixty days of the receipt of the certified record.
Under these circumstances, the claimant’s attorney must show cause, if any he has, why the appeal should not be dismissed. The claimant attorney’s written response to this order shall be filed with the Industrial Claim Appeals Office on or before December 1, 2009. Should the respondents wish to address this issue they may also file a brief on or before December 10, 2009.
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IT IS THEREFORE ORDERED that the counsel for the claimant shall show cause, in writing, on or before December 1, 2009, why the appeal should not be dismissed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Curt Kriksciun
______________________________ Thomas Schrant
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JAMES HUETER, CENTRAL CITY, CO, (Claimant).
AGGREGATE INDUSTRIES, Attn: RICHARD HOLMES, GOLDEN, CO, (Employer).
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Attn: URSULA GORKIN, DENVER, CO, (Insurer).
FRANCIS K. CULKIN, Attn: FRANCIS K CULKIN, ESQ., C/O: ATTORNEY AT LAW, DENVER, CO, (For Claimant).
BLACKMAN LEVINE, LLC, Attn: TAMA L. LEVINE, ESQ., DENVER, CO, (For Respondents).
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