W.C. No. 4-419-565.Industrial Claim Appeals Office.
March 23, 2006.
ORDER OF REMAND
The claimant seeks review of an order dated October 16, 2002 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 had previously remanded the matter for completion of the record. Upon review of our order of remand, the ALJ ordered the claimant to submit copies of medical records or documents cited by the ALJ in the order dated October 16, 2002. The claimant submitted a letter dated January 17, 2006 with a copy of the claimant’s petition to review and certain medical records. The record now transmitted on review does contain additional medical evidence cited by the ALJ. However, the record still appears to lack certain medical reports cited by the ALJ and relied upon by respondent Kodak in its brief in opposition to petition to review. We remand the matter for completion of the record.
The claimant in her brief in support of petition to review disputes the ALJ’s conclusion that Dr. Volk released the claimant largely based upon depression, stating that nowhere in the record is there evidence that the leave was based “largely upon depression.” The respondent Kodak makes reference to medical records on this issue contained in exhibits submitted by respondent Ace Hardware. In this occupational disease claim one of the issues in dispute is the date of onset of disability which is in part based upon medical records that do not presently appear to be in the record. 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 for completion of the record. Once the record is complete, the Division shall retransmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Curt Kriksciun
____________________________________ Thomas 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, J. 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 Trecia Sigel, Ray Lego Assoc., Greenwood Village, 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., Colorado Lending Grp 1 LLC, Westminster, CO, (For Respondents One Stop Insurance and Centre Insurance Co.) Trecia Sigel, Ray Lego
Assoc., Greenwood Village, 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).