W.C. No. 4-247-941Industrial Claim Appeals Office.
July 27, 2001
ORDER OF REMAND
This matter is before us to consider the respondents’ petition to review the order of Administrative Law Judge Kozelka (ALJ Kozelka) issued on February 28, 2001. We remand for completion of the record.
On June 11, 1999, ALJ Martinez entered an order finding the claimant suffered a worsening of condition caused by the 1994 industrial injury, and requiring the respondents to provide “any medical benefits and disability compensation to which [the claimant] may establish entitlement.” Although we are not in possession of the record which was made before ALJ Martinez, the parties agree the respondents petitioned to review the June 11 order, and we dismissed the petition to review without prejudice because the order did not award or deny any specific medical benefits.
Subsequently, the matter was heard before ALJ Kozelka concerning the claimant’s request for an order awarding specific medical benefits. ALJ Kozelka initially entered an order on March 24, 2000, which awarded specific medical benefits. The respondents appealed, and we set aside ALJ Kozelka’s order and remanded with instructions to enter additional findings. In our order of remand dated September 28, 2000, we noted the respondents designated as part of the record the transcript of the hearing held before ALJ Martinez.
On February 28, 2001, ALJ Kozelka entered an order pursuant to our order of remand. In the February 28 order, ALJ Kozelka made reference to the order of ALJ Martinez. (Findings of Fact 14, 15). The respondents again petitioned to review ALJ Kozelka’s order, requesting that we review the sufficiency of the evidence to support the order of ALJ Martinez “to the extent that ALJ Martinez’ findings, conclusions and order provided a basis for the award of benefits.”
Although we are in receipt of a transcript of the hearing before ALJ Martinez, the record on review does not include the documentary evidence submitted at the April 26, 1999 hearing, nor any of the pleadings submitted to ALJ Martinez. (See Tr., April 26, 1999, 5-6). Under these circumstances, the matter must be remanded for completion of the record by inclusion of the evidence and pleadings which ALJ Martinez considered in connection with the order of June 11, 1999.
In remanding the matter, we should not be understood as rendering any final determination as to whether or not ALJ Kozelka actually relied on the order of ALJ Martinez in her order dated February 28, 2001. We merely remand the matter to insure the record is complete for purposes of review.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed July 27, 2001 to the following parties:
Robert E. Miller, 3306 S. Highland, Clifton, CO 81520
Harding Glass, 1 Logan Square, Philadelphia, PA 19103-6933
Legion Insurance Company, Amy Gerelick, Gallagher Bassett Services, Inc., 7925 E. Prentice Ave., #305, Englewood, CO 80111
Lauretta A. Martin Neff, Esq., 225 N. 5th St., #1010, P. O. Box 4859, Grand Junction, CO 81502 (For Claimant)
James R. Clifton, Esq., and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)
BY: A. Pendroy