IN RE BRADLEY, W.C. No. 4-211-540 (1/26/98)


IN THE MATTER OF THE CLAIM OF CORINA BRADLEY, Claimant, v. AMPEX CORPORATION, Employer, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurer, Respondents.

W.C. No. 4-211-540Industrial Claim Appeals Office.
January 26, 1998

ORDER OF REMAND

The claimant seeks review of an order of Administrative Law Judge Wells (ALJ), dated June 30, 1997, which denied her petition to reopen. We remand the matter for completion of the record.

The issue in this case concerns whether or not the claimant reached maximum medical improvement (MMI) on October 28, 1994, as the ALJ apparently found in prior orders dated February 1, 1995, and January 17, 1997. However, the record does not contain copies of the February 1 and January 17 orders.

It is apparent from the ALJ’s first finding of fact that he considered the contents of these two orders. Moreover, the transcript indicates that the ALJ reviewed the orders prior to issuing his ruling. (Tr. pp. 5-6).

Under these circumstances, copies of the ALJ’s orders dated February 1, 1995 and January 17, 1997, must be included in the record. The matter shall be remanded for inclusion of these orders, and retransmitted once the record is complete.

IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for review of the ALJ’s order dated June 30, 1997.

INDUSTRIAL CLAIM APPEALS PANEL _______________________________ David Cain _______________________________ Bill Whitacre

Copies of this decision were mailed January 26, 1998 to the following parties:

Corina Bradley, 2201 S. Hancock, Colorado Springs, CO 80909

Dave Campbell, Ampex Corporation, 600 Wooten Rd., Colorado Springs, CO 80915

Tambra Redlin, Crawford Co., 4570 Hilton Pkwy., #202, Colorado Springs, CO 80907

Joel S. Babcock, Esq., 400 S. Colorado Blvd., #700, Denver, CO 80222 (For the Respondents)

William Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For the Claimant)

By: _______________________________