Cibere v. Industrial Commission of Colorado, 79CA1150
| Decision Date | 04 December 1980 |
| Docket Number | No. 79CA1150,79CA1150 |
| Citation | 624 P.2d 920 |
| Parties | Andrew CIBERE, Petitioner, v. INDUSTRIAL COMMISSION OF COLORADO, and Continental Moving and Storage, Employer, and Aid Insurance Company, Insurer, Respondents. . II |
| Court | Colorado Court of Appeals |
Stevens & Moskovit, Attorneys, P. C., Roger E. Stevens, Harriet Templer Moskovit, Boulder, for petitioner.
Watson, Nathan & Bremer, P. C., Peter Watson, Denver, for respondent Aid Ins. Co.
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Abby L. Pozefsky, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado.
Claimant seeks review of the order of the Industrial Commission denying claimant's right to appeal an award for permanent partial disability on the grounds that the appeal was not perfected as required by § 8-53-106, C.R.S.1973. We set aside the order.
Claimant applied for workmen's compensation benefits for an industrial accident which occurred in October 1975. The employer and its insurer (respondents) admitted liability for the injury. On September 23, 1977, the referee entered an order finding the claimant permanently disabled as a result of the industrial accident at the rate of 3% as a working unit. The order did not contain any ruling on the issue of temporary-total disability benefits.
On September 27, 1977, counsel for respondents requested a ruling as to the proper date to discontinue temporary-total benefits. No hearing was held on this issue. Instead, following a series of letters and other communications between the referee and the parties, the referee issued three corrective supplemental orders the first supplemental order setting a termination date, and the next two corrective supplemental orders modifying and correcting that date.
Before the first supplemental order was issued, claimant timely filed a petition for review regarding the permanent disability rating, but failed to file or order a transcript of hearings held before the Division of Labor as required by § 8-53-106, C.R.S.1973. On March 21, 1978, the referee granted respondents' motion to dismiss claimant's petition for review on the grounds that no transcript had been filed. On April 18, 1978, the referee issued a third corrective supplemental order in which the correct termination date was set forth for the termination of temporary-total disability benefits. Counsel for claimant filed a second petition for administrative review on April 26, 1978, and timely filed a hearings transcript.
On April 16, 1979, the referee issued a final supplemental order which vacated and set aside his order of March 21, 1978, granting respondents' motion to dismiss. The referee concluded that...
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...of temporary total disability and permanent partial disability was unreviewable as interlocutory. Similarly, in Cibere v. Industrial Commission, 624 P.2d 920 (Colo.App.1980), an order was held unreviewable because it did not incorporate the termination date for the payment of temporary tota......
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...App. 228, 616 P.2d 154 (1980); Fuqua Homes, Inc. v. Western Sur. Co., 44 Colo. App. 257, 616 P.2d 163 (1980); Cibere v. Indus. Comm'n, 624 P.2d 920 (Colo. App. 1980); Rossmiller v. Romero, 625 P.2d 1029 (Colo. 1981); Campbell v. Home Ins. Co., 628 P.2d 96 (Colo. 1981); Broyles v. Fort Lyon ......