IN RE ANTHONY, W.C. No. 4-179-292 (1/18/96)


IN THE MATTER OF THE CLAIM OF DAVID ANTHONY, Claimant, v. DEL’S SEWER SERVICE, INC., Employer, and NON-INSURED, Respondent.

W.C. No. 4-179-292Industrial Claim Appeals Office.
January 18, 1996

FINAL ORDER

The respondent seeks review of a final order of Administrative Law Judge Friend (ALJ) which determined that the claim was not closed by a settlement agreement and awarded compensation. We affirm.

The respondent has not filed a brief in support of his two petitions to review. The petitions generally assert that “the information ruled upon” by the ALJ is “incorrect,” that the “amount of income” is wrong, and that the ALJ ruled on matters pending in another case.

Because the respondent failed to file a brief in support of his petitions, the effectiveness of our review is limited. Moreover, because the respondent did not order a transcript in support of the petitions to review, we must assume that the ALJ’s findings of fact are supported by substantial evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988).

The findings of fact entered by the ALJ support his legal conclusions and the award of benefits. Therefore, there is no basis for interfering with the ALJ’s order.

IT IS THEREFORE ORDERED that the ALJ’s order, dated September 7, 1995, is affirmed.

INDUSTRIAL CLAIM APPEAL PANEL

___________________________________ David Cain
___________________________________ Dona Halsey

NOTICE

This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).

Copies of this decision were mailed January 18, 1996 to the following parties:

David C. Anthony, 5410 Raritan Way, Denver, CO 80219

Del Davidson, Del’s Sewer Service, Inc., P.O. Box 1570, Arvada, CO 80001

By: ______________________