W.C. No. 4-597-096.Industrial Claim Appeals Office.
December 31, 2009.
FINAL ORDER
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. The claimant filed a petition to review the ALJ’s order and subsequently the claimant’s counsel filed a letter stating that the claimant had died. We construed the letter from the claimant’s counsel as a suggestion of death pursuant to C.R.C.P. 25(a)(1). However, no substitution of claims or parties had been effected. We therefore issued an order to show cause dated November 18, 2009 why the petition to review should not be dismissed.
In response to our order to show cause, the claimant’s attorney filed a request that we stay the matter up to and including December 31, 2009 within which the estate of James Hueter maybe substituted for the deceased claimant James Hueter. We have no authority to “stay” an appeal and we are bound by the time limits imposed by § 8-43-301(11), C.R.S. 2009. That provision requires the Panel to issue an order within sixty days of the receipt of the certified record. However, although we may not “stay” the appeal, the period requested by the claimant’s attorney has now elapsed and to date no substitution of claims or parties has occurred. Therefore we dismiss the petition to review on the grounds that the claimant’s attorney has failed to comply with the show cause order.
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IT IS THEREFORE ORDERED that the petition for review is dismissed with prejudice.
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).