W.C. No. 4-330-420Industrial Claim Appeals Office.
April 5, 2001
ORDER
The claimant appealed our order dated May 15, 2000. Our order affirmed an order of Administrative Law Judge Friend (ALJ) which denied and dismissed the claim. On appeal to the court the claimant moved to supplement the record to include certain documents. The court concluded it could not determine if the requested documents were part of the record before the Panel. Consequently, the court remanded the matter to us to “consider whether the record on appeal may be supplemented with the documents set-forth in Petitioner’s motion.” We remanded the matter to the ALJ to determine which, if any, of the documents listed in the claimant’s motion to supplement the record were part of the record before him.
On remand the ALJ issued an order dated March 27, 2001. The ALJ determined that the claimant’s exhibits A-H attached to the Claimant’s Position Statement dated March 7, 2001, were not part of the hearing record. However, the ALJ determined that exhibits I and J should be included in the record on appeal. Further, the ALJ included exhibits I and J in the record transmitted to the Panel.
IT IS THEREFORE ORDERED that the appellate record may be supplemented to include claimant’s exhibits I and J attached to the Claimant’s Position Statement dated March 7, 2001, and we recertify the record to include these documents.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed April 5, 2001 to the following parties:
Esmel Alexander, 864 Conestoga Rd., Bailey, CO 80421
Ebasco Constructors, Inc., 3000 W. MacArthur, Santa Ana, CA 92704-0993
Ebasco Constructors, Inc., 1177 High Ridge Rd., Stamford, CT 06905-1211
Colorado Insurance Guaranty Association, Western Guaranty Fund Services, 1720 S. Bellaire St., #408, Denver, CO 80222
Charles E. Withers, Esq., P. O. Box 4417, Boulder, CO 80306-4417 (For Claimant)
Steven J. Picardi, Esq., 777 E. Speer Blvd., #210, Denver, CO 80203 (For Respondent Insurer)
John R. Mann, Esq., 1660 Wynkoop Street, Suite 900, Denver, CO 80202-1197
Attorney General’s Office, Attn: John Baird, Esq., 1525 Sherman St., 5th Floor, Denver, CO 80203
Colorado Court of Appeals, 2 East 14th Avenue, 3rd Flr, Denver, CO 80203
BY: L. Epperson