4-160-080 (1998). RAY CESARIO.

• Case Date: September 28, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-160-080 (1998). RAY CESARIO INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF RAY CESARIO, Claimant, v. BUILDING SERVICES SYSTEMS INC., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, and/or THE SUBSEQUENT INJURY FUND, Insurers, Respondents.W. C. No. 4-160-080ORDER OF REMAND This matter has been remanded pursuant to the court's decision in Cesario v. Building Services Systems, Inc., __ P.2d __ (Colo. App. No. 97CA0658, December 11, 1997), cert. denied September 21, 1998. Mandate was issued on September 23, 1998. The court concluded that we erroneously upheld an order of Administrative Law Judge Gandy (ALJ), which determined that the claimant failed to establish a mistake of law concerning whether his permanent total disability benefits are subject to an offset under § 8-42-103(1)(d)(I), C.R.S. 1997. Therefore, the court set aside our order and remanded the matter with directions that a "determination be made whether a discretionary reopening of the claim is justified under § 8-43-303." IT IS...