W.C. Nos. 4-468-193 4-162-124.Industrial Claim Appeals Office.
August 22, 2003.
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) dated January 21, 2003, which denied and dismissed the claims against Kaiser Hill Company LLC and its insurer, National Union Insurance Company. We remand the matter for completion of the record.
The ALJ’s Specific Findings of Fact, Conclusions of Law and Order state that a “hearing in this matter was convened on December 9, 2002, and concluded on December 19, 2002, with the submission of the parties’ post hearing position statements.” The claimant’s Petition to Review designates the “evidence adduced at the December 9, 2002 hearing” as the record on appeal. However, the record transmitted on review does not include a December 9, 2002 transcript. Rather, the only transcript in the record is dated December 19, 2002. Under these circumstances, the matter must be remanded to the Division of Administrative Hearings for completion of the record to include the December 9 hearing transcript or further proceedings to correct the record.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record. Once completed the matter shall immediately be retransmitted for our review of the ALJ’s order dated January 21, 2003.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this decision were mailed August 22, 2003 to the following parties:
Flora M. Aaron, 1508 Centennial Dr., Longmont, CO 80501
EGG, Inc., 10808 Highway 93, Unit B-Bldg., T130G, Golden, CO 80403
Albert Jerman, #53, Kaiser Hill Company, L.L.C., 10808 Hwy 93, Unit B, T130G, Golden CO 80403-8200
Juni Wolfe, Liberty Mutual Insurance Company, P.O. Box 168208, Irving, TX 75016
National Union Fire Insurance Company, c/o Tina Gustafson, AIG Claim Services, P.O. Box 32130, Phoenix, AZ 85064
Subsequent Injury Fund, Tower 2, #500 Division of Workers’ Compensation — Interagency Mail
Michael A. Patrick, Esq., P.O. Box 510, Berhoud CO 80513 (For Claimant)
W. Berkeley Mann, Jr., Esq., P.O. Box 22833, Denver, CO 80222 (For Respondents Kaiser Hill Co. and National Union)
Jonathan Robbins, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For Respondents EGG, Inc., and Liberty Mutual Ins. Co.)
Jill M. Gallet, Esq., 1525 Sherman St., 5th Flr., Denver, CO 80203 (For SIF)
BY: A. Hurtado