W.C. Nos. 4-468-677, 4-555-464, 4-576-209Industrial Claim Appeals Office.
April 26, 2004
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Klein (ALJ) which denied and dismissed a petition to reopen a claim for a previous injury and denied and dismissed claims for a new injury on August 31, 2002, or an occupational disease. We affirm.
The claimant suffers from chondromalacia patella of both knees. She alleged this condition resulted from a worsening of a compensable knee injury which she sustained while working for the employer on April 10, 2000. Alternatively, she argued she sustained a new injury on August 31, 2002, or that the chondromalacia is an occupational disease caused or aggravated by her employment as a grocery stocker. Relying principally on the testimony of one of the claimant’s physicians, Dr. Milliken, the ALJ found there was no worsening of condition, the claimant did not sustain a new injury in August 2002, and the claimant failed to prove that the duties of her employment caused or aggravated the chondromalacia.
The claimant filed a petition to review citing only general allegations of error concerning the sufficiency of the evidence, whether the findings support the order, and whether the ALJ correctly applied the law. The claimant did not file a brief in support of the petition to review. Consequently, the effectiveness of our review is limited.
The claimant was required to prove that the alleged worsening of condition was related to the 2000 injury, or that the August 2002 injury caused or aggravated chondromalacia, or that the conditions of the employment caused, intensified, or aggravated, to some reasonable degree, the disability for which compensation is sought. See Anderson v. Brinkhoff, 859 P.2d 819, 824 (Colo. 1993); Cordova v. Industrial Claim Appeals Office, 55 P.3d 186 (Colo.App. 2002). The question of whether the claimant met the burden of proof to establish causation is on of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000).
Here, the ALJ’s finding of fact, including reliance on the testimony of Dr. Milliken, support the conclusion that the claimant failed to meet the burden of proof to establish causation. Consequently, the order must be upheld on review. Section 8-43-301(8), C.R.S. 2003. The fact that some evidence might have supported other findings and conclusions is immaterial on review. Wilson v. Industrial Claim Appeals Office, 81 P.3d 1117 (Colo.App. 2003).
We note the transcript appears to lack a portion of the claimant’s testimony. However, the claimant has not made any argument that the transcript is too incomplete to support review, and we conclude that it is sufficient. See Goodwill Industries v. Industrial Claim Appeals Office, 862 P.2d 1042 (Colo.App. 1993).
IT IS THEREFORE ORDERED that the ALJ’s order dated November 28, 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 April 26, 2004 by A. Hurtado.
Adrienne Boivin, c/o Bob Ring, Esq., 2550 Stover St., Bldg. C, Fort Collins, CO 80525
Debbie Dunst, Safeway Stores, Inc., P. O. Box 5927 T. A., Denver, CO 80217
Bob Ring, Esq., 2550 Stover St., Bldg. C, Fort Collins, CO 80525 (For Claimant)
Richard A. Bovarnick, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227-5517 (For Respondents)