W.C. No. 4-266-943Industrial Claim Appeals Office.
October 28, 1997
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ), concerning death benefits. We affirm.
This matter was before us previously. In an Order of Remand dated October 8, 1996, we remanded the matter for a hearing concerning apportionment of death benefits. On remand, the ALJ entered an “Order” stating that a hearing was held on June 16, 1997. Moreover, the order states that the parties stipulated that the claimant’s request for a lump sum award was withdrawn, and that the claimant would continue to receive the “full monthly benefits.” The ALJ also indicated that the parties stipulated that the matter will be “kept open through 1998” so that the ALJ might reconsider the apportionment.
The claimant filed a petition to review alleging that she did not agree to withdraw her request for a lump sum, and that she desired the case to be “closed.” The claimant has subsequently submitted a letter in which she alleges that her due process rights were denied because she was not allowed to question the guardian ad litem.
The claimant did not request a transcript of the hearing held on June 16, 1997. Consequently, we must assume that the ALJ’s pertinent findings are supported by the record. See Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988).
The ALJ explicitly found that the claimant stipulated to the provisions which she now challenges on appeal. In the absence of a transcript, we presume that the ALJ’s findings concerning the stipulation are proper. Therefore, the ALJ’s order must be affirmed.
IT IS THEREFORE ORDERED that the ALJ’s undated order is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify orvacate the Order is commenced in the Colorado Court of Appeals, 2East 14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of the petitionupon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed,pursuant to §§ 8-43-301(10) and 307, C. R. S. 1997.
Copies of this decision were mailed October 28, 1997 to the following parties:
Eve L. Brannon, 6710 Galley Rd., Colorado Springs, CO 80915
Waste Management of Colorado, Inc., 80 Chambers St., Colorado Springs, CO 80907-5220
Continental Casualty Co., CNA Insurance Co., P.O. Box 17369, T.A., Denver, CO 80217
Tama L. Levine, Esq.,1515 Arapahoe St., Tower 3, Ste. 600, Denver, CO 80202 (For the Respondents)
William J. McIlwain, Esq., 5265 N. Academy Blvd., Ste. 3200, Colorado Springs, CO 80918 (Guardian ad Litem)
By: ____________________________________________