IN RE ARCHULETA v. EASTMAN KODAK, W.C. No. 4-419-565 (12/13/2005)


IN THE MATTER OF THE CLAIM OF JUDY ARCHULETA, Claimant, v. EASTMAN KODAK, ONE STOP INSURANCE, ACE HARDWARE, SAINT MARY’S HOME CARE, WESTAFF OF GRAND JUNCTION, JUNCTION CARE HEALTH CENTER, IHS AT MESA MANOR, and/or CHOICE HOTELS INTERNATIONAL, Employer, and SELF-INSURED, CENTRE INSURANCE CO. PINNACOL ASSURANCE, SELF-INSURED, THE TRAVELERS, SELF-INSURED, PACIFIC EMPLOYERS, and/or WAUSAU INSURANCE, Insurer, Respondents.

W.C. No. 4-419-565.Industrial Claim Appeals Office.
December 13, 2005.

ORDER OF REMAND
The claimant seeks review of an order dated October 16, 2005 of Administrative Law Judge Harr (ALJ) that determined Kodak was liable for five percent of the claimant’s compensation and five percent of medical benefits. We remand the matter for completion of the record.

The record transmitted on review does not contain the petition to review although the brief in support of petition to review makes reference to it, and so we do not know what portion of the record was designated. However the ALJ expressly relied on medical reports of Dr. Volk, Dr. Burton, Dr. Hajek and Dr. Greenberg. The record transmitted on review does contain one report from Dr. Hughes and a supplemental report from Dr. Greenberg but does not contain the rest of the medical evidence cited by the ALJ. Under these circumstances, the record must be remanded for completion of the record. Section 8-43-301(9), C.R.S. 2005.

IT IS THEREFORE ORDERED that the matter is remanded to the Office of Administrative Courts (OAC)for completion of the record in accordance with this order. Once the record is complete, the OAC shall retransmit the matter for our review.

INDUSTRIAL CLAIM APPEALS PANEL ____________________________________ Curt Kriksciun ____________________________________ Tom Schrant

Judy Archuleta, Greeley, CO, Eastman Kodak, Windsor, CO, One Stop Insurance, Loveland, CO, Ace Hardware, Johnstown, CO, Saint Mary’s Home Care, Grand Junction, CO, Westaff of Grand Junction, Grand Junction, CO, Junction Care Health Center, Grand Junction, CO, IHS at Mesa Manor, Grand Junction, CO, Choice Hotels International, Grand Junction, CO, Jolynn Lumbrazo, Gallagher Bassett Services, Englewood, CO, Centre Insurance Co., c/o Harvey D. Flewelling, Esq., Denver, CO, Legal Department, Pinnacol Assurance — Interagency Mail The Travelers, c/o Julie D. Swanberg, Esq., Denver, CO, Pacific Employers, c/o Kathleen M. Fairbanks, Esq., Denver, CO, Wausau Insurance, c/o Douglas Poling, Esq., Denver, CO, Jason Houston, Sedgwick Claims Management Services, Greenwood Village, CO, Britton Morrell, Esq., Greeley, CO, (For Claimant).

David J. Dworkin, Esq. and Bernadette Wasilik, Esq., Denver, CO, (For Respondent Eastman Kodak).

Harvey D. Flewelling, Esq., Denver, CO, (For Respondents One Stop Insurance and Centre Insurance Co.).

Joanne C. Crebassa, Esq., Fort Collins, CO, (For Respondents Ace Hardware and Pinnacol Assurance).

Scott J. Houska, Esq., Grand Junction, CO, (For Respondents Saint Mary’s Home Care and Sedgwick Claims Management Services).

Julie D. Swanberg, Esq., Denver, CO, (For Respondents Westaff of Grand Junction and The Travelers).

Douglas J. Kotarek, Esq., Denver, CO, (For Respondent Junction Care Health Center).

Kathleen M. Fairbanks, Esq., Denver, CO, (For Respondents IHS at Mesa Manor and Pacific Employers).

Douglas Poling, Esq., Denver, CO, (For Respondents Choice Hotels International and Wausau Insurance).