W.C. No. 4-495-190Industrial Claim Appeals Office.
September 6, 2001
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which denied his claim for workers’ compensation benefits because he was not an employee or statutory employee of respondent A#1 Siding (A#1). We affirm.
The ALJ entered detailed findings of fact and concluded the claimant was an independent contractor under the criteria set forth in §8-40-202(2)(b)(II), C.R.S. 2001. Consequently, the ALJ concluded the claimant was not an employee of A#1 under § 8-40-202 (2)(a), C.R.S. 2001, or a statutory employee under the provisions of § 8-41-401(1) and (3), C.R.S. 2001.
The claimant filed a petition to review containing only general allegations of error involving the sufficiency of the evidence and the correctness of the ALJ’s legal conclusions. The claimant failed to file a brief in support of the petition to review. Consequently, the effectiveness of our review is limited.
We have reviewed the transcript of the hearing and the evidence submitted. We conclude the ALJ’s factual findings are supported by substantial, albeit conflicting, evidence in the record. Consequently, the findings must be upheld. Section 8-43-301(8), C.R.S. 2001. Further, we perceive no error in the ALJ’s application of the law to the facts See Nelson v. Industrial Claim Appeals Office, 981 P.2d 210 (Colo.App. 1998). Thus, the order must be affirmed.
IT IS THEREFORE ORDERED that the ALJ’s order dated September 17, 2001, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL ______________________________ David Cain ______________________________ Dona Halsey
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, CO. 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2001. 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 Street, Tower 3, Suite 350, Denver, CO. 80202.
Copies of this decision were mailed September 6, 2002 to the following parties:
Randy Bridger, 520 10th St., Ft. Collins, CO. 80524-2531
Alma Delgado, A #1 Siding, 1862 Independence St., Lakewood, CO. 80215-2919
American Compensation Insurance Authority, c/o Patty Enloe, RTW Colorado, Inc., P. O. Box 6541, Englewood, CO. 80155-6541
John W. Swanson, Esq., and Richard K. Blundell, Esq., 1020 9th St., 3rd Floor, Greeley, CO. 80631 (For Claimant)
Douglas A. Thomas, Esq., 600 17th St., #1600N, Denver, CO. 80202 (For Respondents)
By: A. Hurtado