IN THE MATTER OF THE CLAIM OF CARMEN MESICH, Claimant, v. THE RIVERHOUSE CHILDREN’S CENTER, INC., Employer, and PINNACOL ASSURANCE, Insurer, Respondents.

W.C. No. 4-735-693.Industrial Claim Appeals Office.
December 16, 2009.

ORDER
The claimant seeks review of an order of Administrative Law Judge Harr (ALJ) dated June 19, 2009 that denied and dismissed the claim for workers’ compensation benefits. We remand the matter for completion of the record.

Certain evidentiary depositions were admitted into evidence, but based in part upon evidence presented at hearing on January 28, 2009, the ALJ determined the claimant failed to sustain her burden to prove a compensable injury. Therefore, the ALJ denied the claim for benefits.

The notice of briefing schedule dated September 18, 2009, reported that the hearing transcript had been completed and filed. However, the record transmitted on review does not contain any transcript from the January 28, 2009 hearing. In her brief filed in support of her petition to review the claimant contends that the matter must be remanded because substantial portions of the recording of the January 28, 2009 hearing which contains the claimant’s testimony, are inaudible. Under these circumstances, it is necessary to remand the matter for completion of the record.

IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record to include the January 28, 2009 hearing transcript requested by the claimant. Upon completion of the record, the matter shall be retransmitted to us for review.

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INDUSTRIAL CLAIM APPEALS PANEL

______________________________ John D. Baird

______________________________ Thomas Schrant

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CARMEN MESICH, SILVERTON, CO, (Claimant).

THE RIVERHOUSE CHILDREN’S CENTER, INC., Attn: MS LINDSAY SHERMAN, DURANGO, CO, (Employer).

PINNACOL ASSURANCE, Attn: HARVEY D FLEWELLING, ESQ., DENVER, CO, (Insurer).

DAWES, HARRISS BLOODSWORTH, PC, Attn: ELLIOT L BLOODSWORTH, ESQ., DURANGO, CO, (For Claimant).

RUEGSEGGER, SIMONS, SMITH STERN, LLC, Attn: CONNIE HULST, ESQ., DENVER, CO, (For Respondents).

PINNACOL ASSURANCE, Attn: SCOTT NEILSON, DENVER, CO, (Other Party).

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