W.C. No. 4-472-849Industrial Claim Appeals Office.
July 18, 2002
ORDER
Centre Insurance Company (Centre) and its insured, Holnam Inc. (Holnam) seek review of an order of Administrative Law Judge Felter (ALJ) which held Centre liable for all workers’ compensation benefits due in the claim. We remand the matter for completion of the record.
The claimant suffered injuries during a motor vehicle accident on March 26, 2000, while employed by H S Inc. Ace U.S.A. (Ace) admitted liability for temporary disability benefits. Ace subsequently sought to withdraw the admission.
On conflicting evidence the ALJ found H S Inc. was a subcontractor of Holnam Inc. at the time of the injuries. Further, the ALJ determined H
S Inc. did not have workers’ compensation insurance which covered the claimant’s injuries. Therefore, the ALJ determined Holman was the statutory employer and ordered Centre to reimburse Ace for all workers’ compensation benefits previously paid in the claim. The ALJ also held Centre liable for all future benefits due on account of the industrial injuries.
On review Centre contends, inter alia, the ALJ erroneously excluded business records from Superior National Insurance Group in the form of written investigation notes of adjuster Vicky Roden. The notes were marked and offered as Centre’s Exhibit F. (See Tr. pp. 40-44).
The record transmitted for review does not contain Centre’s Exhibit F. To properly to evaluate Centre’s argument, it is necessary the record be completed by inclusion of the missing exhibit. Once the record is complete, the matter shall be retransmitted for our review.
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
____________________________________ Kathy E. Dean
____________________________________ David Cain
Copies of this decision were mailed July 18, 2002 to the following parties:
Timothy Wilson, 2160 S. Orchard Dr., #23, Bountiful, UT 84010
H S Construction a/k/a H S, Inc., 2525 Pittman Rd., Somerville, TN 38068
Holnam, 800 S. Hutton Rd., Farmington, NM 87401-2842
Centre Insurance Company, Michael Kramish, Risk Enterprise Management, P. O. Box 6500, Englewood, CO 80155
Superior National Insurance Company, P. O. Box 101630, Denver, CO 80250
Superior National Insurance Group, P. O. Box 1240, Rancho Cordova, CA 95741-1240
ACE, U.S.A., Pacific Employers Insurance, P. O. Box 2941, Greenwood Village, CO 80150
William J. Macdonald, Esq., 3515 S. Tamarac Dr., #200, Denver, CO 80237 (For Claimant)
Michael A. Perales, Esq., 999 18th St., #3100, Denver, CO 80202 (For Respondent Centre Insurance Company)
Mark H. Dumm, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondents
Holnam and ACE, U.S.A.)
Brian Kelm, Esq., 350 So. 400 East, #122W, Salt Lake City, UT 84111
BY: A. Hurtado