Opinion
W.C. No. 4-242-293
June 10, 1999.
ORDER OF REMAND
This matter is before us pursuant to the mandate of the Court of Appeals dated May 18, 1999. On August 29, 1996, we entered a Final Order affirming the award of benefits issued by the Administrative Law Judge (ALJ). In Mountain West Fabricators v. Madden, 958 P.2d 482 (Colo.App. 1997), the Court of Appeals set aside our order and remanded the case with directions "to enter an order denying claimant's application for workers' compensation benefits." The Supreme Court subsequently affirmed the decision of the Court of Appeals in Madden v. Mountain West Fabricators, ___ P.2d ___ (Sup.Ct. No. 97SC856, April 12, 1999).
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ with directions to enter an order denying the application for workers' compensation benefits.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
Copies of this decision were mailed June 10, 1999 the following parties:
Michael R. Madden, 3122 D1/2 Road, Grand Junction, CO 81504
Mountain West Fabrication, 1115 16 Road, Fruita, CO 81521-2030
Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq., (Interagency Mail)
J. Keith Killian, Esq. Connie K. Ward, Esq., 225 N. 5th St., Ste. 1010, P. O. Box 4848, Grand Junction, CO 81502 (For the Claimant)
Thomas W. Blake, Esq., 744 Horizon Ct., Ste. 360, Grand Junction, CO 81506 (For the Respondents)
BY A. Pendroy