In re Claim of Barrera, 112618 COWC, 4-849-952-01

Docket Nº:W.C. 4-849-952-01, 4-865-048
Case Date:November 26, 2018
Court:Colorado
 
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IN THE MATTER OF THE CLAIM OF: VICTOR BARRERA, Claimant,
v.
ABM INDUSTRIES INC, Employer,
and
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Insurer, Respondents.
W.C. Nos. 4-849-952-01, 4-865-048
Colorado Workers Compensation
Industrial Claim Appeals Office
November 26, 2018
          RITSEMA & LYON PC, Attn: RICHARD A BOVARNICK ESQ, (For Respondents)           FINAL ORDER          The claimant seeks review of two orders of Administrative Law Judge Nemechek (ALJ), one dated January 22, 2018, and the other June 8, 2018. The order of January 22 dismissed the claimant's petition to review a December 29, 2017, Summary Order. The Order on June 8 dismissed the claimant's January 26, 2018, request for Full Findings as untimely and determined the Summary Order of December 29 to be final. We affirm the orders of the ALJ and dismiss the claimant's appeal.          This matter was before us previously and resulted in a June 10, 2016, Order remanding the claim to the ALJ for further proceedings. Reference to the June 2016, Order indicates the claimant is pursuing two claims against the respondent employer and insurance carrier.          W.C. No. 4-849-952 pertains to an occupational disease injury to the claimant's low back caused by repetitive driving of a van shuttling passengers through Denver International Airport. The date of onset is asserted to be March 2, 2010. The claim has been denied by the respondents.          W.C. No. 4-849-952 concerns an accidental injury to the claimant's low back occurring on December 20, 2010, while the claimant was cleaning up a leak of automobile coolant. The compensability of this claim was admitted by the respondents and an admission of liability for medical benefits only was filed. A Division Independent Medical Examiner (DIME) found the claimant was at maximum medical improvement (MMI) as of April 4, 2011, and suffered no permanent impairment. The respondents filed a Final Admission of Liability (FAL) on February 3, 2012, admitting liability solely for $2,343 in medical benefits. The claimant challenged the FAL at a May 30, 2012, hearing before ALJ Felter. ALJ Felter's order affirmed the determinations of the DIME physician and adopted the admissions of the FAL. ALJ Felter's order was affirmed by a panel of the Industrial Claim Appeals Office on June 4, 2012.          On February 9, 2016, the claimant submitted an application for a hearing addressing both claims and concerning the issues of petition to reopen, compensability, medical benefits, temporary total disability benefits beginning March 2, 2010, permanent total disability benefits, an order to obtain employment records, and average weekly wage. On February 29, 2016, ALJ Jones signed the Order for summary judgment submitted by the respondents. That order stated simply that the February 9, 2016, application for hearing in regard to both claims was stricken with prejudice.          In our order of June 2016, we set aside the February 2016, order of ALJ Jones. It was ruled that issue preclusion did not apply to claim 4-849-952 (date of injury March 2...

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