W.C. No. 4-330-420Industrial Claim Appeals Office.
December 7, 2000
ORDER
This matter has been remanded to the Industrial Claim Appeals Panel pursuant to an order of the court in 00CA1061. We remand the matter to the Division of Administrative Hearings for further proceedings consistent with the court’s remand.
The claimant has 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.”
Our review is restricted to the record before the ALJ. City of Boulder v. Dinsmore, 902 P.2d 925 (Colo.App. 1995). We are unable to ascertain whether the requested documents were part of the record before the ALJ, and were inadvertently separated from the file before it was transmitted for review. Furthermore, we no longer have the appellate record and do not possess any records in this case. Consequently, we must remand the matter to the ALJ.
On remand the ALJ shall issue an order which determines which, if any, of the requested documents were part of the record before him and should be included in the record on appeal to the court. Based upon that order, and the existence of the requested documents, the ALJ shall complete the record to include any documents which he finds were properly before him and should be included in the record on appeal. The ALJ shall then retransmit the matter to us for certification to the court. We conclude that this procedure is necessary in order to carry out the court’s direction to determine “whether the record on appeal may be supplemented with the documents.”
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the views expressed herein. The claimant is directed to provide the ALJ with copies of the pertinent motions and the court’s order to effect this remand.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed December 7, 2000 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
BY: A. Pendroy