W.C. No. 4-331-011Industrial Claim Appeals Office.
May 14, 1998
ORDER OF REMAND
Both the claimant and the respondent filed petitions to review an order of Chief Administrative Law Judge Felter (ALJ), dated September 10, 1997. We remand the matter for completion of the record.
The ALJ’s order concerned the claimant’s entitlement to temporary total disability benefits. In part, the ALJ’s order was predicated upon findings of fact involving the claimant’s medical restrictions.
In their petitions to review, both parties have designated as part of the record a transcript of the hearing held on August 28, 1997. We have reviewed the transcript and find that page 29 is missing. The absence of page 29 appears to be significant because, on page 30, the claimant was being cross-examined concerning his medical condition. Thus, it is likely that the missing portion of the transcript is relevant to the ALJ’s order.
Under these circumstances, the matter must be remanded for completion of the record by inclusion of page 29.
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 ALJ may retransmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL __________________________________ David Cain __________________________________ Kathy E. Dean
Copies of this decision were mailed May 14, 1998 to the following parties:
Donald Soucie, 5031 Garrison St., #102, Wheat Ridge, CO 80033
Cherry Creek School District No. 5, 4850 S. Yosemite St., Englewood, CO 80111-1308
Joint School Dist. Workers’ Comp, Occupational Healthcare Management, 700 Broadway, #1132, Denver, CO 80273
Vincent M. Balkenbush, Esq., Ptarmigan Place, West Tower, 3773 Cherry Creek No. Dr., Ste. 280, Denver, CO 80209 (For the Claimant)
Karen R. Wells, Esq., 3900 E. Mexico Ave., Ste. 1000, Denver, CO 80210 (For the Respondents)
By: _______________________