IN THE MATTER OF THE CLAIM OF: JEAN SPAULDING, Claimant,
v.
1825 INC, Employer,
and
EMPLOYERS PREFERRED INS CO, Insurer, Respondents.
W.C. No. 5-151-959
Colorado Workers Compensation
Industrial Claim Appeals Office
September 24, 2021
ALVERSON & OBRIEN PC, Attn: ERIKA
ALVERSON ESQ, (For Claimant)
RUEGSEGGER SIMONS & STERN LLC, Attn:
VITO RACANELLI ESQ, (For Respondents)
REMAND
ORDER
The
respondents seek review of a supplemental order of the
Director of the Division of Workers’ Compensation
(Director) dated June 16, 2021, and mailed to the parties on
July 7, 2021, that assessed penalties for the
respondents’ failure to comply with the
Director’s March 8, 2021 order. We set aside the
Director’s order and remand for further proceedings.
On
March 8, 2021, the Director ordered the respondents to state
a position pursuant to §8-43-203, C.R.S. and WCRP
5-2(D), by filing an admission of liability, an electronic
notice of contest, or by submitting an appropriate
explanation as to why such a position statement was not
required, within 15 days from the March 8, 2021 order
After
receiving no response from the respondents, the Director
issued an order on April 8, 2021, finding that the
respondents failed to comply with the March 8, 2021 order.
The Director imposed penalties of $40 per day until the
respondents complied with the March 8, 2021 order The
respondents filed a timely petition to review the penalty
order. The Division issued a briefing schedule on April 30,
2021, and the respondents filed a brief in support of the
petition to review dated May 17, 2021. The Director then
issued the July 7 2021, supplemental penalty order now on
appeal. See Section 8-43-304(1), C.R.S.
On July
26, 2021, the respondents filed a petition to review and
brief in support of the petition to review the
Director’s supplemental order. The respondents assert
that the failure to comply with the Director’s March 8,
2021, order was reasonable because the adjuster was confused
by the existence of an earlier admitted claim. Because the
order’s findings are insufficient to permit appellate
review, we must remand the matter for further proceedings.
Section 8-43-301(8), C.R.S.
The
facts do not appear to be in dispute. The claimant sustained
an admitted injury on February 11, 2020, which is the subject
of W.C. No. 5-131-517.
The
claimant alleged a second work-related injury on June 13,
2020. On October 15, 2020, the claimant filed a
workers’ claim for compensation for the new June 13,
2020 injury. This is the subject of the present claim on
appeal, W.C. No. 5-151-959. The June 2020 claim was sent to
the respondent-insurer on November 5, 2020. The Director
found that the notice of the new claim and the March 8, 2021,
order, clearly reflect the June 13, 2020, date of injury and
the correct W.C. number...
