THE MTR. OF CLAIM OF SHELTON v. ECKSTINE, W.C. No. 4-724-391 (3/12/2010)


IN THE MATTER OF THE CLAIM OF SCOTT T. SHELTON, Claimant, v. ECKSTINE ELECTRIC COMPANY, Employer, and PINNACOL ASSURANCE, Insurer, Respondents.

W.C. No. 4-724-391.Industrial Claim Appeals Office.
March 12, 2010.

ORDER OF REMAND
The respondents appealed our previous order dated January 14, 2009, which upheld the award of benefits to the claimant after an earlier remand setting aside the initial denial of benefits. In an unpublished decision dated January 14, 2010 the Colorado Court of Appeals set aside our decision. The mandate issued on February 26, 2010. The court determined that the administrative law judge (ALJ) rendered conflicting findings and remanded this matter for further findings of fact. Specifically, the ALJ found that the claimant “aggravated his pre-existing left knee condition” and, also, that the claimant’s pre-existing knee condition “constituted the precipitating event for his 2007 injury.” Slip op. at 7. The court concluded that we should have set aside the ALJ’s decision and “remanded with instructions to enter additional findings clarifying the precipitating cause of claimant’s injury.” Slip op. at 8-9.

IT IS THEREFORE ORDERED that the ALJ’s order dated August 29, 2007 is set aside and the matter is remanded for further proceedings consistent with the opinion of the court of appeals.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ John D. Baird

____________________________________ Curt Kriksciun

Page 2

THIS PAGE INTENTIONALLY LEFT BLANK

Page 3

SCOTT T SHELTON, FORT LUPTON, CO, (Claimant)

ECKSTINE ELECTRIC COMPANY, Attn: MS RENEE MCENTEE, PLATTEVILLE, CO, (Employer)

PINNACOL ASSURANCE, Attn: HARVEY D FLEWELLING, ESQ., DENVER, CO, (Insurer)

LAW OFFICES OF REGINA WALSH ADAMS, Attn: REGINA M WALSH ADAMS, ESQ., GREELEY, CO, (For Claimant)

RUEGSEGGER SIMONS SMITH STERN, LLC, Attn: RICHARD J LIBY, ESQ., DENVER, CO, (For Respondents)

RITSEMA LYON, Attn: RONDA K CORDOVA, ESQ., FORT COLLINS, CO, (Other Party)

Page 1