W.C. No. 4-356-247Industrial Claim Appeals Office.
November 22, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which determined the impairment rating of the Division-sponsored independent medical examination (DIME) physician was overcome by clear and convincing evidence. We remand the matter for completion of the record.
The parties’ briefs, and the order of the ALJ, refer to medical records relevant to the issue of whether the DIME physician’s rating was overcome by clear and convincing evidence. The transcript reflects that both parties offered bound packets of medical records, and these records were admitted as evidence at the commencement of the hearing. (Tr. p. 4). However, the file submitted for review does not contain the medical records. Under these circumstances, the matter must be remanded to the ALJ with instructions to complete the record by including the medical records which were admitted as evidence.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed November 22, 2000 to the following parties:
Francisco Aguilera, 4744 Gaylord St., Denver, CO 80216
Gateway Roofing, Inc., 4805 Olive St., Commerce City, CO 80022-4701
Laurie A. Schoder, Esq., Colorado Compensation Insurance Authority dba Pinnacol Assurance — Interagency Mail (For Respondents)
David W. Doyle, Esq., 4465 Kipling St., #200, Wheat Ridge, CO 80033 (For Claimant)
Connie K. Ward, Esq., 600 17th St., #1600N, Denver, CO 80202
BY: A. Pendroy