IN THE MATTER OF THE CLAIM OF MARIA ACEVEDO a/k/a EVA QUINTERO, Claimant, v. SPECIALIZED CLEANING, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.

W.C. No. 4-200-618Industrial Claim Appeals Office.
July 30, 1998

FINAL ORDER

The claimant seeks review of a final order of Administrative Law Judge Erickson (ALJ), which denied the claim for additional temporary disability, medical, and permanent total disability benefits. We affirm.

The claimant has not submitted a brief in support of her petition to review. Neither has she provided a transcript of hearing.

The only specific argument contained in the claimant’s petition to review is that the ALJ erred in denying her claim for permanent total disability benefits. The claimant asserts the ALJ should have given greater weight to the medical and vocational experts which offered evidence in support of her claim.

The claimant had the burden to prove that the industrial injury rendered her unable to earn “any wages” to establish entitlement to permanent total disability benefits. Section 8-40-201(16.5)(a), C.R.S. 1997. The question of whether the claimant proved the inability to earn any wages is one of fact for determination by the ALJ. Weld County School Dist. RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998); Best-Way Concrete Co. v. Baumgartner, 908 P.2d 1194 (Colo.App. 1995). Thus, we must uphold the ALJ’s order if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 1997. This standard of review requires us to defer to the ALJ’s resolution of conflicts in the evidence, his credibility determinations, and the plausible inferences which he drew from the evidence. Metro Moving Storage Co. v. Gussert, 914 P.2d 411 (Colo.App. 1995).

Because the claimant did not obtain a transcript, we must presume the ALJ’s findings are supported by the evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the ALJ’s denial of permanent total disability was based on credibility determinations and the resolution of conflicts in the evidence. Therefore, there is no basis for interfering with the order.

The claimant has not asserted any specific argument concerning the ALJ’s denial of additional temporary disability and medical benefits, and we perceive no error in that portion of the ALJ’s order.

IT IS THEREFORE ORDERED that the ALJ’s order dated September 6, 1996, is affirmed.

INDUSTRIAL CLAIM APPEALS PANEL

________________________________ David Cain
________________________________ Dona Halsey

NOTICE This Order is final unless an action to modify or vacate theOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, Colorado 80203, by filing a petition to reviewwith the court, with service of a copy of the petition upon theIndustrial Claim Appeals Office and all other parties, withintwenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C. R. S. 1997.

Copies of this decision were mailed July 30, 1998 to the following parties:

Maria Acevedo a/k/a Eva Quintero, 2532 Bryant, Denver, CO 80211

Specialized Cleaning, 10670 E. Bethany Dr., Bldg. 4, Aurora, CO 80014-2602

Rodrigo S. Gloria, Esq., 1750 High St., Denver, CO 80218 (For the Claimant)

Colorado Compensation Insurance Authority, Attn: Curt Kriksciun, Esq. (Interagency Mail)

By: _______________________