W.C. Nos. 4-396-470, 4-397-562Industrial Claim Appeals Office.
August 17, 2001
ORDER OF REMAND
The respondent seeks review of an order of Administrative Law Judge Gallegos (ALJ Gallegos) dated August 17, 1999, and an order of Administrative Law Judge Corchado (ALJ Corchado) dated January 2, 2001. We remand the matter for completion of the record.
A hearing was held before ALJ Gallegos on June 17, 1999. In the order dated August 17, 1999, ALJ Gallegos found the claimant is entitled to temporary partial disability benefits commencing October 8, 1998. The respondent appealed this order. However, by Order dated December 29, 1999, we dismissed the appeal without prejudice because ALJ Gallegos did not determine the amount of temporary partial disability benefits to be paid by the respondent.
Subsequently, a hearing was held before ALJ Corchado on October 30, 2000, concerning the rate at which temporary partial disability benefits are to be paid. In the order of January 2, 2001, ALJ Corchado established the amount of temporary partial disability benefits to be paid by the respondent.
The respondent filed a petition to review both orders, and designated transcripts of both hearings as part of the record on review. Indeed, the briefs submitted on appeal make reference to the hearing before ALJ Gallegos.
However, the record submitted for review does not contain a transcript of the hearing before ALJ Gallegos, nor any evidence which may have been submitted at that hearing. The record currently before us appears to be restricted to matters submitted directly to ALJ Corchado. Under these circumstances the matter must be remanded to the Division of Administrative Hearings for completion of the record by inclusion of the transcript of the hearing before ALJ Gallegos, all evidence submitted to ALJ Gallegos, and all pleadings considered by ALJ Gallegos.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed August 17, 2001 to the following parties:
Hector Alvarez, 520 Inca St., Denver, CO 80204
Community Support Services, Colorado Options in the Community, 16 Farber Rd., Princeton, N.J. 08540-5913
Gallagher Bassett Services, The Quorum West, 7935 E. Prentice Ave., #305, Englewood, CO 80111
Linda Black, Selectech Insurance Company, 40 Wantage, Branchville, N.J. 07890
Thomas J. Roberts, Esq., 940 Wadsworth Blvd., 4th floor, Lakewood, CO 80215 (For Claimant)
Anne Smith Myers, Esq., and Benjamin E. Tracy, Esq., 3900 E. Mexico, #1000, Denver, CO 80210 (For Respondents)
BY: A. Pendroy