W.C. No. 4-274-177Industrial Claim Appeals Office.
November 13, 1998
FINAL ORDER
The pro se claimant seeks review of an order of Chief Administrative Law Judge Felter (ALJ), dated August 12, 1998. We affirm.
The claimant suffered a work-related low back injury on October 31, 1995. The respondent admitted liability for medical benefits. On February 27, 1996, the respondent filed a Final Admission of Liability which denied liability for permanent partial disability benefits. The claimant objected to the Final Admission, and underwent a Division-sponsored independent medical examination by Dr. Olsen.
The ALJ found that on January 30, 1998, Dr. Olsen opined that the claimant had not sustained any permanent impairment from the October 1995 injury. Based upon Dr. Olsen’s opinions, the ALJ approved the respondent’s Final Admission of Liability and denied the claimant’s request for medical impairment benefits. The claimant timely appealed the ALJ’s order.
The claimant’s Petition to Review alleges that his lawyer forgot to file an entry of appearance and that the lawyer did nothing on the case. The claimant also contends that during the hearing on July 16, 1998, he informed the ALJ of a 5 percent permanent disability rating he received from an accident in the “early `80’s.” The claimant alleges that the ALJ erroneously failed to mention the prior rating in the order, but has not made any other arguments in support of the Petition to Review.
Our authority to review the ALJ’s order is defined in §8-43-301(8), C.R.S. 1998. That statute precludes us from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law. Therefore, we have no authority to set aside the ALJ’s order based upon an allegation of ineffective assistance of counsel.
Furthermore, the ALJ expressly noted that the claimant received a permanent partial disability rating for a low back injury in 1983. (Finding of Fact 9). In view of the ALJ’s finding that the claimant suffered no permanent impairment from the 1995 injury, we perceive no error in the ALJ’s failure to mention the specific amount of the 1983 rating. See General Cable Co. v. Industrial Claim Appeals Office, 878 P.2d 118 (Colo.App. 1994) (ALJ is not required to make findings on every piece of evidence, just the evidence he found determinative). Consequently, the claimant’s argument does not establish any error which affords grounds for disturbing the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 12, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE This Order is final unless an action to modify or vacate thisOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, CO 80203, by filing a petition for review with thecourt, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20)days after the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed November 13, 1998
to the following parties:
Howard L. Beall, P.O. Box 173, Broomfield, CO 80020
Adams County School District #1, 9150 Monroe St., Thornton, CO 80229-4037
Helen Russell, OHMS, 700 Broadway, #1132, Denver, CO 80273
Patricia Jean Clishham, Esq., 1200-17th St. Ste. 1700, Denver, CO 80202 (For the Respondents)
BY: ______________________