Opinion
W.C. No. 4-424-931
February 2, 2000
FINAL ORDER
The respondents seek review of an order of the Director of the Division of Workers' Compensation (Director), which required them to reinstate the claimant's temporary total disability benefits. We affirm.
The respondents filed a general admission of liability admitting for temporary total disability benefits for the period June 11, 1999, through June 14, 1999. In the "General Remarks" section of the admission the respondents stated the claimant was "terminated for cause" on June 15, 1999.
In an order dated September 13, 1999, the Director ordered the respondents to reinstate the claimant's temporary total disability benefits until "properly terminated" in accordance with Rule of Procedure IX, 7 Code Colo. Reg., 1110-3 at 32 — 36.01. The Director determined the respondents had no basis to terminate the claimant's temporary disability benefits under § 8-42-105(3), C.R.S. 1999, nor did the respondents have grounds for a unilateral termination of temporary disability benefits under Rule IX.
On review, the respondents contend they have no duty to admit for ongoing temporary disability benefits, but are permitted to admit liability for "closed periods" of temporary disability benefits. As the respondents recognize, we have previously rejected this identical argument in a series of cases. Eg., Withrow v. Delivery By Design, LLC., W.C. No. 4-404-884 (August 13, 1999); Childers v. Noah's Ark Whitewater Rafting, W.C. No. 4-392-209 (April 7, 1999). In these cases we concluded that an admission of liability for a "closed period" of temporary disability benefits is tantamount to a unilateral termination of admitted benefits, and the statute precludes unilateral terminations of benefits unless the respondents comply with Rule IX. Section 8-43-203(2)(d), C.R.S. 1999; Monfort Transportation v. Industrial Claim Appeals Office, 942 P.2d 1358 (Colo.App. 1997); Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo.App. 1997); A R Concrete v. Lightner, 759 P.2d 831 (Colo.App. 1988). We see no reason to depart from our prior holdings in Withrow and Childers, and adopt them as if fully set forth herein. Moreover, we hold that the Director's order fully and fairly addresses the respondents' arguments, and we conclude it is in accordance with applicable law. Consequently, the Director's order must be affirmed.
IT IS THEREFORE ORDERED that the Director's order dated September 13, 1999, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was filed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1999.
Copies of this decision were mailed February 2, 2000 to the following parties:
Michael Kesinger, 10165 W. 21st Ave., Lakewood, CO 80033 JC Trucking, Inc., Jeff Rhinehart, 5085 Harlan St., Wheat Ridge, CO 80033
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority dba Pinnacol Assurance — Interagency Mail
BY: A. Pendroy