W.C. No. 4-211-723Industrial Claim Appeals Office.
January 29, 1996
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Friend (ALJ) which denied her claim for benefits based on “mental impairment” as defined by § 8-41-301(2)(a), C.R.S. (1995 Cum. Supp.). We affirm.
The claimant failed to file a brief in support of her petition to review. Further, the petition to review contains only general allegations of error. Consequently, the effectiveness of our review is necessarily limited.
Moreover, the claimant failed to pay for the transcript, or procure a waiver of the transcript fee in accordance with § 8-43-213(3), C.R.S. (1995 Cum. Supp.). Consequently, even though a reporter prepared at least a partial transcript, it is not properly part of the record on appeal.
Because the claimant failed to procure a transcript, we must presume that the ALJ’s pertinent findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the ALJ’s findings support his conclusion that the claimant failed to prove a compensable claim for mental impairment under the statute.
IT IS THEREFORE ORDERED that the ALJ’s order, dated December 13, 1994, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed January 29, 1996 to the following parties:
Annette E. Richter, 2515 S. Cimarron St., Aurora, CO 80014
Colorado State Judicial Department, 5606 S. Court Place, Littleton, CO 80120
Colorado Compensation Insurance Authority, Attn: M. J. Steiner, Esq. (Interagency Mail)
Glenn F. Younger, Esq., 730 Seventeenth, Ste. 318, Denver, CO 80202 (For the Claimant)
By: ______________________