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Sneath v. Express Messenger Service12/12/1996
emonstrated that (1) the party to be estopped was aware of the facts; (2) it was that party's intent that his or her words or conduct be acted upon by the other party or that those words or conduct were such that the other party had a right to believe that they were so intended; (3) the party asserting the estoppel was ignorant of the true facts; and (4) that party reasonably relied on such words or conduct to his or her detriment. Department of Health v. Donahue, 690 P.2d 243 (Colo. 1984).
The evidence presented to the ALJ, therefore, was more than sufficient, if credited, to establish an equitable estoppel against CCIA. However, for reasons that are not clear from the record, the ALJ failed to address claimant's assertion that CCIA was prohibited from claiming any offset. Likewise, the Panel erroneously refused to address this issue on its review.
Given these circumstances, therefore, it is necessary to remand the cause with directions that the ALJ consider the question whether CCIA is equitably estopped from asserting any interest, by way of offset or otherwise, in the proceeds claimant obtained through settlement with the third party. If it is deemed appropriate, the ALJ may allow the parties to present further evidence upon the issue.
The order of the Panel is set aside, and the cause is remanded for further proceedings consistent with the views set forth in this opinion.
JUDGE ROTHENBERG and JUDGE KAPELKE concur.
Disposition
ORDER SET ASIDE AND CAUSE REMANDED WITH DIRECTIONS
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