Opinion
W.C. No. 4-511-404
June 20, 2002.
ORDER
Chavez Construction, seeks review of an order of Administrative Law Judge Felter (ALJ) dated April 2, 2002. We dismiss the petition to review without prejudice.
The claimant alleged an injury on May 25, 2001. The claim came before the ALJ at a hearing on March 20, 2002. Chavez Construction did not participate in the hearing. Crediting the testimony of the claims adjuster for American Family Insurance Company (American), the ALJ determined Chavez Construction was not insured for workers' compensation at the time of the alleged injury. Consequently, the ALJ dismissed American from the claim.
On review, Chavez Construction contends the claimant was not its employee on May 25, 2001.
Under § 8-43-301(2), C.R.S. 2001, 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). Only final orders are subject to our review. Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986).
Here, the ALJ's order does not award or deny any specific benefits. Consequently, the order is not currently reviewable, and the petition for review filed by Chavez Construction must be dismissed without prejudice. See Director of the Division of Labor v. Smith, 725 P.2d 1161 (Colo.App. 1986); American Express v Industrial Commission ,_712 P.2d 1132 (Colo.App. 1985). It follows that the ALJ's factual determinations concerning the identify of the claimant's "employer" are interlocutory.
IT IS THEREFORE ORDERED that the petition to review the ALJ's order dated April 2, 2002, is dismissed without prejudice.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
An action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, may be commenced by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2001. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed June 20, 2002 to the following parties:
Rene Armendariz Lopez, 937 S. Vrain St., Denver, CO 80219
Chavez Construction, 6832 Lakeside Cir., Littleton, CO 80125-9618
American Family Insurance Company, P. O. Box 3328, Englewood, CO 80155
Benjamin E. Tracy, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondents)
BY: A. Hurtado