W.C. No. 4-527-790.Industrial Claim Appeals Office.
September 15, 2003.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Mattoon (ALJ) which determined the claimant failed to prove a compensable injury and, therefore, denied and dismissed the claim for workers’ compensation benefits. We affirm.
The claimant alleged a work-related back injury on November 13, 2001, while changing the roller on a D-11 bulldozer. Based on evidence presented at a hearing on November 8, 2002, the ALJ determined the claimant failed to sustain his burden to prove he suffered an injury arising out of and in the course of employment. Consequently, the ALJ denied and dismissed the claim for workers’ compensation benefits. The claimant timely appealed.
The claimant’s Petition to Review alleged the ALJ erroneously failed to find a compensable injury and award workers’ compensation benefits. In support, the Petition contains general allegations of error, see §8-43-301(8), C.R.S. 2002. However, the claimant did not file a brief in support of the Petition. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
To prove a compensable injury, the claimant must establish that the injury arose out of and in the course of employment. Madden v. Mountain West Fabricators, 977 P.2d 861 (Colo. 1999). The “arising out of” test is one of causation, and requires that the injury have its origin in an employee’s work-related functions and must occur while the claimant is “performing service” arising out of the employment. Section 8-41-301(1)(b), C.R.S. 2002.
Under § 8-43-301(8), we are precluded from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and the findings indicate that the ALJ resolved conflicts in the evidence based upon her credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992).
The claimant has not provided a transcript of the hearing. See §8-43-301(2), C.R.S. 2002 (petitioner shall, at the time of the filing of the petition to review, “order any transcript relied upon for the petition to review, arrange with the hearing reporter to pay for the same”). Under these circumstances we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988).
Further, the ALJ’s order reflects her consideration of the relevant factors and the ALJ’s findings support the order denying benefits. Consequently, the claimant has failed to establish grounds which afford us a basis for granting appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated February 12, 2003, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2002. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed September 15, 2003 to the following parties:
James Howard, 1614 Garfield, Trinidad, CO 81082
Lorencito Coal Company, 20500 Highway 12, Weston, CO 81091
Gayle Trottnow, Zurich Insurance Company, P. O. Box 370308, Denver, CO 80237
Frank M. Cavanaugh, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents)
BY: A. Hurtado