W.C. No. 4-559-316Industrial Claim Appeals Office.
February 11, 2004
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which denied and dismissed the claim for benefits. We affirm
The claimant alleged that she was injured when seven boxes fell from above and injured her neck, shoulder and back. However, the ALJ found the claimant’s testimony was not credible because there was no objective medical evidence of injury and the claimant’s testimony concerning the mechanism of injury was inconsistent with statements in the medical records and a videotape of the claimant’s job site. Consequently, the ALJ found the claimant failed to meet the burden of proof to establish a compensable injury.
The claimant filed a petition to review and designated a transcript of the hearing as part of the record. However, the claimant did not timely procure a transcript and the ALJ entered an order to show cause why the request for transcript should not be treated as withdrawn. The claimant failed to respond to the order and the matter was transmitted to us without a hearing transcript as part of the record.
The claimant’s only specific allegations of error are that the ALJ applied an incorrect standard of law because it is unclear from the findings whether the ALJ believed the claimant may have been struck by four boxes rather than seven, and whether any injury at all occurred. We find no error.
Initially, we note that after the record was transmitted for review by the ALJ, a transcript of the hearing was received in this office. However, the transcript was not completed in a timely fashion, nor was it considered part of the record pursuant to § 8-43-301(4), C.R.S. 2003. Thus, we have not considered the transcript because it is not part of the record certified for our review. Section 8-43-301(8), C.R.S. 2003.
The claimant had the burden to prove that she sustained an injury arising out of and in the course of the employment. The question of whether the claimant met the burden of proof is an issue of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000).
Because the issue is factual, we must uphold the ALJ’s finding if supported by substantial evidence in the record. Section 8-43-301(8). Where, as here, no transcript is provided, we must presume the ALJ’s findings are supported by the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the ALJ is not held to a standard of absolute clarity in expressing findings of fact and conclusions of law. It is sufficient if the ALJ enters findings which reveal the factual and legal bases of the decision. Magnetic Engineering, Inc. v. Industrial Claim Appeals Office, 5 P.3d 385
(Colo.App. 2000).
Here, we have no difficulty ascertaining that the ALJ applied the correct standard of law when determining the claimant failed to meet the burden of proof. The ALJ’s references to the number of boxes does not evidence confusion about whether or not an “injury” occurred, but instead reflects part of the ALJ’s basis for concluding the claimant’s testimony was inconsistent and not credible. Further, because there is no transcript, we must assume the ALJ’s evidentiary findings are supported by the record.
IT IS THEREFORE ORDERED that the ALJ’s order dated October 6, 2003, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Bill Whitacre
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, Colorado 80203, by filing a Petition to Review with the Court, within twenty (20) days after the date this Order was mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2003. 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 order were mailed to the parties at the addresses shown below on February 11, 2004 by A. Hurtado.
Manuela Arras, 3140 20th Ave. Court, Greeley, CO 80631
Conagra, 100 N. 8th Ave., Greeley, CO 80631
Carol R. Von Eschen, Sedgwick CMS, P. O. Box 540010, Omaha, NE 68154-0010
Britton Morrell, Esq., 1305 8th St., Greeley, CO 80631 (For Claimant)
Ronda K. Comings, Esq., 2629 Redwing Rd., #330, Fort Collins, CO 80526-6316 (For Respondent)