Opinion
W.C. No. 4-204-802
May 30, 1996
ORDER
The respondent seeks review of an order of Administrative Law Judge Wheelock (ALJ), dated August 23, 1995. We dismiss the petition to review without prejudice.
Under § 8-43-301(2), C.R.S. (1995 Cum. Supp.), a party dissatisfied with an order "which requires any party to pay a penalty or benefits or denies a claimant a benefit or penalty," may file a petition to review. Orders which do not require the payment of benefits or penalties, or deny the claimant benefits or penalties are interlocutory and not subject to review. Natkin Co. v. Eubanks, 775 P.2d 88 (Colo.App. 1989). Furthermore, orders which determine liability for benefits, without determining the amount of benefits, do not award or deny benefits as contemplated by this statute, and consequently, are not subject to review. Oxford Chemicals, Inc. v. Richardson, 782 P.2d 843 (Colo.App. 1989); C F I Steel Corp. v. Industrial Commission, 650 P.2d 1332 (Colo.App. 1982).
Here, the ALJ determined that the claimant developed centralized reflex sympathetic dystrophy (RSD) as a direct and natural consequence of a 1990 industrial accident during her employment with the respondent. Therefore, the ALJ concluded that the respondents are liable for the claimant's RSD. However, the ALJ did not award or deny any specific benefit, and reserved all other issues for future determination.
Under these circumstances, the ALJ's August 23 order does not award or deny any "benefit" within the meaning of § 8-43-301(2). Therefore, the ALJ's order is interlocutory and not currently reviewable. Director of Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
IT IS THEREFORE ORDERED that the respondent's petition to review the ALJ's order of August 23, 1995, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. DeanNOTICE
An action to modify or vacate this Order may be commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for writ of certiorari 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 this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed May 30, 1996 to the following parties:
Virginia Wilson, 602 Collins Ave., Pueblo, CO 81005
Sue Comeau, U.S. West Communications, Workers Compensation, 1801 California, Rm. 1150, Denver, CO 80202
Carol A. Finley, Esq., 111 S. Tejon, Ste. 720, Colorado Springs, CO 80903 (For the Respondents)
Michael S. Kocel, Esq., 2301 E. Pikes Peak, Colorado Springs, CO 80909 (For the Claimant)
BY: _______________________