IN RE SILENCE-BOAZ, W.C. No. 4-172-786 (7/31/96)


IN THE MATTER OF THE CLAIM OF SHERRY J. SILENCE-BOAZ, Claimant, v. CARPET CLEARANCE WAREHOUSE, INC., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 4-172-786Industrial Claim Appeals Office.
July 31, 1996

ORDER OF REMAND

The respondents seek review of a final order of Administrative Law Judge Wheelock (ALJ) insofar as it assessed penalties for violation of the Workers’ Compensation Act. We remand the matter for completion of the record.

The ALJ’s order reflects that she considered testimony which the claimant gave at a hearing on October 5, 1994. However, the record before us does not contain a transcript of the October 5 hearing. Under these circumstances, the matter must be remanded for completion of the record by inclusion of a transcript of the October 5, 1994 hearing.

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 matter may be retransmitted for review of the ALJ’s order dated September 19, 1995.

INDUSTRIAL CLAIM APPEALS PANEL

___________________________________ David Cain
___________________________________ Kathy E. Dean

Copies of this decision were mailed July 31, 1996 to the following parties:

Sherry J. H. Silence-Boaz, 10060 Old Katy Road, #101, Houston, TX 77055-6020

Carpet Clearance Warehouse, 5707 N. Academy Blvd., Colorado Springs, CO 80918

Colorado Compensation Insurance Authority, Attn: Carolyn A. Boyd, Esq. (Interagency Mail)

Michael S. Kocel, Esq., 2301 E. Pikes Peak, Colorado Springs, CO 80909 (For the Claimant)

By: ________________________