IN THE MATTER OF THE CLAIM OF: SUNNY CONSTRUCTORS, Employer,
and
NON-INSURED, Insurer, Respondent.
FEIN No. 80-0467855
Colorado Workers Compensation
Industrial Claim Appeals Office
December 21, 2020
RALPH
L CARR COLORADO JUDICIAL CENTER, Attn: KATE ALLISON ESQ, C/O:
STATE SERVICES SECTION, (For Claimant)
LEE
& BROWN LLC, Attn: FRANK CAVANAUGH ESQ, (For Respondents)
ORDER
The
employer seeks review of an order of Administrative Law Judge
Jones (ALJ) dated September 18, 2019, that determined the
employer had employees and was in default of its
workers’ compensation insurance obligations to provide
workers’ compensation insurance coverage pursuant to
§8-43-409(1) C.R.S. We dismiss the employer’s
appeal without prejudice for lack of a final order pursuant
to §8-43-301(2), C.R.S
This
matter originally went to hearing on January 2019 on the
Division of Workers’ Compensation (Division’s)
application for hearing to determine whether the individuals
working for this employer were employees or independent
contractors under the Workers’ Compensation Act (Act).
The Division sought a factual determination from an ALJ on
this issue to determine whether the employer was in default
of its’ workers’ compensation insurance
obligations and therefore subject to a fine pursuant to
§8-43-409(1), C R.S.
On
March 29, 2019, ALJ Jones held a hearing where the parties
presented evidence on the issue of whether the
employer’s workers were employees or independent
contractors. In an order dated May 15, 2019, ALJ Jones
ordered the parties to set an additional hearing on whether
the employer was in default of its workers’
compensation obligations under §8-43-409(1), C.R.S ALJ
Jones presided over this additional hearing held on August 5,
2019.
After
this hearing, ALJ Jones entered the September 18, 2019, order
currently under review. The ALJ concluded that the
employer’s office workers and project managers were
employees and did not qualify as independent contractors for
the time-period August 28, 2014 through July 25, 2018. The
ALJ further concluded that the employer was in default of its...
