In re Claim of Garcia, 071421 COWC, 5-094-514-002

Docket NºW.C. 5-094-514-002
Case DateJuly 14, 2021
CourtColorado
IN THE MATTER OF THE CLAIM OF: MARY HELEN GARCIA, Claimant,
v.
TERUMO BCT, Employer,
and
TOKIO MARINE & NICHIDO FIRE INSURANCE, Insurer, Respondents.
W.C. No. 5-094-514-002
Colorado Workers Compensation
Industrial Claim Appeals Office
July 14, 2021
THE FRICKEY LAW FIRM, Attn: JANET FRICKEY ESQ, (For Claimant) DWORKIN CHAMBERS WILLIAMS YORK BENSON & EVANS, Attn: GREGORY K CHAMBERS ESQ, (For Respondents)          REMAND ORDER          The claimant seeks review of an order of Administrative Law Judge Kabler (ALJ) dated December 16, 2020. However, the record submitted for review features a decision indicating a certificate of mailing to the parties dated December 16, but a signature of the ALJ at the conclusion of the decision dated June 8, 2021.          A Petition to Review was filed on January 4, 2021. The last brief in response to the petition to review was mailed on May 26, 2021 We entertain the inference the ALJ may have made amendments felt necessary to the original order, but overlooked the need to retitle the amended order as a ‘supplemental order’ as described in § 8-43-301(5) CRS. Because our jurisdiction turns on the procedure and notice provisions involved, we find it prudent and necessary to remand the matter to the ALJ in order to advise us as to...

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