W.C. No. 4-389-466.Industrial Claim Appeals Office.
May 11, 2005.
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Muramoto (ALJ Muramoto) dated December 23, 2004. We remand the matter for completion of the record.
ALJ Muramoto determined that the respondents filed a timely application for a Division-sponsored independent medical examination (DIME). ALJ Muramoto further concluded that the claimant failed to overcome by clear and convincing evidence the DIME physician’s findings concerning the date of maximum medical improvement (MMI) and the degree of the claimant’s permanent medical impairment.
On review the claimant argues, inter alia, that principles of collateral estoppel and res judicata precluded ALJ Muramoto from finding a date of MMI which is purportedly in conflict with a prior order of ALJ Wheelock dated December 13, 2000. Although ALJ Muramoto refers to ALJ Wheelock’s December 13 order in Finding of Fact 4, and therefore presumably considered ALJ Wheelock’s ruling as evidence, we are unable to locate a copy of the December 13 order in any of the exhibits or other documents contained in the record. Because review of ALJ Wheelock’s order may be significant when evaluating the claimant’s arguments based on collateral estoppel and res judicata, we remand for completion of the record by inclusion of the December 13 order.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record by inclusion of ALJ Wheelock’s order dated December 13, 2000. When the record is complete the matter shall again be transmitted for review of the claimant’s appeal.
INDUSTRIAL CLAIM APPEALS PANEL
___________________ David Cain
___________________ Robert M. Socolofsky
Genoa Adams, 3285 Leoti Dr., Colorado Springs, CO 80922 Christopher Lam, Manpower, 12225 Greenville Ave., #495, Dallas, TX 75243 CNA, c/o Judy McKim, Continental Casualty c/o RSKCo, P.O. Box 17369, Denver, CO 80217
Patrick C.H. Spencer, II, Esq., 830 Tenderfoot Hill Rd., # 320, Colorado Springs, CO, 80906 (For Claimant).
Jeffrey C. Fleischner, Esq., 1525 Josephine St., Denver, CO 80206 (For Respondents).