IN THE MATTER OF THE CLAIM OF: VICTOR BARRERA, Claimant,
ABM INDUSTRIES INC, Employer,
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
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
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.
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.
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.
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.
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...