IN THE MATTER OF THE CLAIM OF LATONYA EDELEN, Claimant, v. BCW ENTERPRISES, LTD., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 4-155-609Industrial Claim Appeals Office.
January 31, 1996

ORDER

The respondent Colorado Compensation Insurance Authority (CCIA) seeks review of an order of Administrative Law Judge Wells (ALJ) which denied and dismissed its claim for attorney fees and costs. We remand the matter for completion of the record.

On October 4, 1995, the ALJ entered an order denying the CCIA’s motion for attorney fees and costs. As reflected in the ALJ’s order, no hearing was held.

In its petition to review the ALJ’s order, the CCIA designated the “entire Division of Workers’ Compensation file and the entire Division of Administrative Hearings file” as the record on appeal. In its brief in support of the petition, the CCIA makes various factual assertions concerning the contents of the record. The claimant’s brief also makes representations concerning the contents of the record.

However, the file transmitted to us obviously does not constitute the entire “Division of Workers’ Compensation file.” Moreover, it does not contain many of the pleadings and documents mentioned in the ALJ’s order and the briefs of the parties. Consequently, the matter must be remanded to the ALJ for completion of the record by inclusion of all items which were considered in connection with the order of October 4, 1995.

We note that the matter was previously transmitted to us for review of an order issued by the ALJ on October 14, 1994. We issued an order on September 20, 1995, and the matter has since been appealed to the Court of Appeals. Consequently, we are not in possession of those portions of the record which relate to the ALJ’s October 14 order.

Under these circumstances, the matter must be remanded to ALJ for completion of the record. The parties and the ALJ shall determine which portions of the record are relevant, and the ALJ shall retransmit the file once those items are assembled in the record. Insofar as some relevant portions of the record may be located at the Court of Appeals, the parties may agree to substitute duplicates for purposes of our review.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record. Once the record is complete, the file may be retransmitted for review of the ALJ’s order dated October 4, 1995.

INDUSTRIAL CLAIM APPEAL PANEL

___________________________________ David Cain
___________________________________ Kathy E. Dean

Copies of this decision were mailed January 31, 1996 to the following parties:

Latonya Edelen, 3830 Patrick Dr., Apt. 26, Colorado Springs, CO 80916

BCW Enterprises, Ltd., 1617 Bonforte Blvd., Pueblo, CO 81001-1602

Colorado Compensation Insurance Authority, Attn: Legal Dept. (Interagency Mail)

Steven U. Mullens, Esq., P.O. Box 2940, Colorado Springs, CO 80901-2940 (For the Claimant)

Douglas P. Ruegsegger, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For the Respondents)

By: __________________