4-315-484 (1998). MARY CRUTHERS.

• Case Date: July 02, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-315-484 (1998). MARY CRUTHERS INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF MARY CRUTHERS, Claimant, v. ALBRIGHT ENTERPRISES, INC. d/b/a ILLUSIONS OF THE HEART, Employer, and UNION INSURANCE COMPANY and/or COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. Nos. 4-315-484; 3-106-253ORDER OF REMAND Union Insurance Company, and its insured, Illusions of the Heart (collectively the Union Insurance respondents) have petitioned for review of orders entered in this matter by Administrative Law Judge Martinez (ALJ) on June 23, 1997 and February 10, 1998. We set aside the orders insofar as they require the Union Insurance respondents to pay medical benefits, and remand the matter to the ALJ for the entry of a new order on that issue, and dismiss the remainder of the petition without prejudice. On June 1, 1992, the claimant sustained an occupational disease from the repetitive activities required of her job as a seamstress for Illusions of the Heart (Illusions). Union Insurance Company admitted liability and paid temporary disability benefits. Dr. Richards placed the claimant at maximum medical improvement (MMI) on January 25, 1993 and released the claimant to return to her pre-injury job as long as she varied the type of work she did and "did not sew for more than a couple hours at a time without resting." The claimant returned to "light duty" work at Illusions in early 1993 and continued to perform this work until August 1996, when she quit. The Colorado Compensation Insurance Authority (CCIA) became the workers' compensation insurance carrier for Illusions effective March 1994. The claimant was reexamined by Dr. Richards in April 1994 and August 1998, with complaints of pain and numbness in her hands and wrists. The claimant subsequently petitioned to reopen the claim and alleged a worsened condition. The claimant also requested an award of additional medical benefits. The Union Insurance respondents denied liability and argued that pursuant to § 8-41-304(1), C.R.S. 1997, liability for the claimant's occupational disease shifted to the CCIA. That statute provides that: "Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial...