W.C. No. 4-509-903Industrial Claim Appeals Office.
July 22, 2002
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which denied and dismissed the claim for worker’s compensation benefits. We affirm.
The claimant suffered injuries on July 18, 2001. On conflicting evidence the ALJ found the injuries were self-inflicted and, therefore, the ALJ denied the claim.
The claimant’s Petition to Review contains general allegations of error. See § 8-43-301(8), C.R.S. 2001. The claimant also contends the employer made “untrue statements” at the hearing. However, the claimant did not file a brief in support of the petition to review. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and the findings indicate the ALJ resolved conflicts in the evidence based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992).
The claimant has not provided a transcript of the hearing on October 15, 2001. Under these circumstances we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Therefore, the ALJ’s factual determinations are binding on review.
Further, the ALJ correctly recognized that self-inflicted injuries are not compensable under the Colorado Workers’ Compensation Act. Section 8-41-301(1)(c), C.R.S. 2001; Triad Painting Co. v. Blair, 812 P.2d 638
(Colo. 1991). Therefore, the ALJ’s findings support the ALJ’s order denying benefits.
In addition, we have not authority to consider whether the claimant received adequate representation from counsel. Accordingly, insofar as the claimant argues he received “poor representation” from his former attorney of record, we cannot alter the ALJ’s order on this basis.
IT IS THEREFORE ORDERED that the ALJ’s order dated October 15, 2001, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2001. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed July 22, 2002 to the following parties:
Daniel C. Anderson, 5330 Raleigh St., Denver, CO 80212
APT Service, Inc., 4400 Delaware St., Denver, CO 80216-2631
James B. Buck, Esq., 1777 S. Harrison St., #1110, Denver, CO 80210 (For Respondent)
Kathleen Pennucci, Special Funds, Tower 2, #630, Division of Workers’ Compensation —
BY: A. Hurtado