W.C. No. 4-326-355Industrial Claim Appeals Office.
May 2, 2003
ORDER OF REMAND
Respondents Merritt Equipment Company and Fireman’s Fund Insurance Company (Merritt respondents) seek review of an order of Administrative Law Judge Jones (ALJ) which determined they are liable to pay medical and temporary disability benefits. We remand the matter for completion of the record.
The Merritt respondents argue, inter alia, that the evidence does not support the ALJ’s determination that the claimant’s disability and need for treatment were caused by the industrial injury which the claimant sustained while in the employ of Merritt. These respondents particularly challenge the ALJ’s interpretation of the opinions of Dr. Hughes.
We note that at the conclusion of the hearing the Merritt respondents indicated their desire to take the testimony of Dr. Hughes. This was apparently accomplished by deposition on March 19, 2002. The Merritt respondents’ brief makes reference to this deposition.
However, the record does not contain the deposition of Dr. Hughes. Consequently, the matter must be remanded for completion of the record by inclusion of the deposition.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record by inclusion of the deposition of Dr. Hughes. Once the record is complete, the matter shall again be transmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
Copies of this decision were mailed May 2, 2003 to the following parties:
Douglas W. Younger, 6500 E. 88th Ave., #29, Henderson, CO 80640
Stan Rasmussen, Merritt Equipment Company, 9339 Highway 85, Henderson, CO 80640
D D Metal Products, 2305 W. Midway Blvd., Broomfield, CO 80020
Fireman’s Fund Insurance Company, c/o Bonnie Bates, Crawford Company, 9200 E. Panorama Cir., #160, Englewood, CO 80112
Commercial Casualty Insurance Company, c/o Michael McKenna, Sierra Insurance Group, P. O. Box 6597, Englewood, CO 80155-6597
Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)
David J. Dworkin, Esq., and Margaret Bauder Garcia, Esq., 3900 E. Mexico Ave., #1300, Denver, CO 80210 (For Respondents Merritt Equipment Company and Fireman’s Fund Insurance Company)
John H. Sandberg, Esq., 3595 S. Teller St., #407, Lakewood, CO 80235 (For Respondents D D Metal Products and Commercial Casualty Insurance Company)
By: A. Hurtado