W.C. No. 4-312-835Industrial Claim Appeals Office.
July 12, 2001
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ), which granted the respondents’ motion for summary judgment, thereby dismissing the claim against U.S. Home Corporation and its insurer, Old Republic Insurance Company. We remand the matter for completion of the record.
The ALJ ruled there is no material issue of fact concerning whether or not respondent U.S. Home Corporation is liable as the claimant’s statutory employer. In reaching this determination, the ALJ considered depositions of James Lenyou and Kevin O’Neil. The ALJ also took administrative notice of an order issued on August 31, 2000, and “orders and decisions” issued in a companion case, W.C. No. 4-261-540, William Wright v. Integrity Business Services and/or Red Oak Carpet Center. None of this evidence is contained in the file submitted for our review. Consequently, the matter must be remanded for completion of the record by inclusion of all evidence, including all orders, which the ALJ considered in arriving at her decision.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record by inclusion of all evidence considered in connection with the motion for summary judgment, including depositions, orders and decisions. 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 12, 2001 to the following parties:
William Wright, 4440 Cobbleskill Dr., Colorado Springs, CO 80903
Old Republic Insurance Co., Gallagher Bassett Services, Inc., 7935 E. Prentice Ave., #305, Englewood, CO 80111
U.S. Home Corp., 6000 S. Greenwood Plaza Blvd., #200, Englewood, CO 80011
Mike Fallowfield, U.S. Home Corp., P. O. Box 2863, Houston, TX 77252-2863
W. Thomas Beltz, Esq. and Daniel A. West, Esq., 729 S. Cascade Ave., Colorado Springs, CO 80903 (For Claimant)
James R. Clifton, Esq., and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)
Ted A. Krumreich, Esq., 950 17th St., 21st floor, Denver, CO 80202 (For Allied Mutual Insurance Co.)
BY: A. Pendroy