W.C. No. 4-425-155Industrial Claim Appeals Office.
December 22, 2000
ORDER OF REMAND
The respondents seek review of a supplemental order of Administrative Law Judge Coughlin (ALJ). We remand the matter for completion of the record.
On February 17, 2000, the ALJ entered an order finding the claimant was the common law wife of the deceased and determining the deceased’s average weekly wage. Both the respondents and the claimant filed petitions to review. On September 26, 2000, the ALJ entered a supplemental order modifying the deceased’s average weekly wage, but otherwise incorporating the February 17 order. The supplemental order specifically states the ALJ considered the petitions to review “and briefs in opposition.” On October 17, 2000, the respondents filed a petition to review the ALJ’s supplemental order insofar as it determined the claimant was the deceased’s common law wife. The respondents then filed a Brief in Support of Petition to Review stating that they he wished to “incorporate herein as if fully set forth the Brief dated August 31, 2000, submitted by these respondents.” The claimant then filed a brief in opposition in which she stated that she wished to incorporate by reference the brief which she filed on September 19, 2000. The claimant also filed a petition to review the supplemental order which was received in this office after the file was transmitted for review.
The record submitted for review does not contain the respondents’ brief dated August 31, 2000, nor does it contain the claimant’s brief dated September 19, 2000. These briefs obviously were filed because the ALJ referred to them in the supplemental order. Under these circumstances, the matter must be remanded for completion of the record by inclusion of the briefs which the parties filed in connection with their petitions to review the February 17 order.
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 shall retransmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed December 22, 2000 to the following parties:
Susana Marquez, 4895 Tejon St., Denver, CO 80221
LVI Environmental Services, Inc., 2630 N. 2nd Ave., Denver, CO 80219-1632
Reliance Insurance Co., P. O. Box 261218, Littleton, CO 80163-1218
Janie Castaneda, Esq., 1120 Lincoln St., #1000, Denver, CO 80203 (For Claimant)
Craig H. Russell, Esq., 4450 Arapahoe Ave., #100, Boulder, CO 80303-9102 (For Claimant)
John Lebsack, Esq., 950 17th St., 21st floor, Denver, CO 80202-2804 (For Respondents)
Gregory Cairns, Esq., 1775 Sherman St., #1075, Denver, CO 80203 (For Respondents)
BY: A. Pendroy