W.C. No. 4-431-875.Industrial Claim Appeals Office.
July 8, 2005.
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which denied the claimant permanent total disability (PTD) benefits and granted to the respondents an offset of the settlement proceeds from a third-party action. We remand the matter for completion of the record.
A hearing was held on September 23, 2004, on several issues, one of which was whether the claimant was permanently and totally disabled as a result of the compensable injury. At the close of that hearing the ALJ granted to the claimant the opportunity to call several rebuttal witnesses. The claimant did so at a subsequent hearing held on November 15, 2004. Following the hearings the ALJ entered an order denying the claim for permanent total disability benefits. The claimant filed a petition to review in which she designated the transcripts of both hearings as part of the record. Although the record transmitted to us includes the transcript of the September 23rd hearing, it does not include the transcript of the November 15th hearing. Moreover, the claimant relies upon the transcript of the November 15th hearing in support of her arguments on appeal. See Brief in Support of Petition to Review at 35. Under these circumstances, the matter must be remanded for completion of the record by inclusion of the transcript of the hearing held on November 15, 2004.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may again be transmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________ David Cain
____________________ Curt Kriksciun
Josetta Schuster, Mancos, CO, High Country Transportation, Cortez, CO, Liberty Mutual Insurance Company, Englewood, CO, Bethiah Beale Crane, Esq., Durango, CO, (For Claimant).
Scott M. Busser, Esq., Denver, CO, (For Respondents).