W.C. No. 4-396-902Industrial Claim Appeals Office.
February 3, 2000
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Schulman (ALJ) insofar as it determined the claimant’s average weekly wage and awarded temporary partial disability benefits. We remand the matter for completion of the record.
This file contains the “Respondents’ Brief in Support of Petition to Review.” The brief disputes the ALJ’s order dated May 6, 1999, with respect to the claimant’s average weekly wage and the award of temporary partial disability benefits. The respondents’ brief, like the claimant’s answer brief, contains numerous citations to a transcript of hearing.
Our review of the record reflects that the file does not contain a request for specific findings of fact and conclusions of law with respect to the ALJ’s Summary Order of March 23, 1999. Neither does the file contain a petition to review the ALJ’s Specific Findings of Fact, Conclusions of Law and Order dated May 6, 1999. Consequently, we are unable to ascertain whether we have jurisdiction to review the ALJ’s order. Section 8-43-215, C.R.S. 1999; § 8-43-301(2), C.R.S. 1999. Moreover, if a timely petition to review was filed, we are unable to ascertain whether the respondents designated a transcript of hearing, and whether the parties submitted documentary evidence at the hearing.
Under these circumstances, the matter must be remanded to the ALJ for completion of the record by inclusion of the request for specific findings of fact, the respondents’ petition to review, and a transcript of hearing if such was designated. Further, the ALJ should insure that all documentary evidence admitted at the hearing is included in the file. Once the record is complete, the matter shall be retransmitted for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record, and retransmission of the file once the record is complete.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
Copies of this decision were mailed February 3, 2000
to the following parties:
Jamie Brimmerman, 1600 Sable Blvd., #35, Aurora, CO 80011
Denny’s, 6699 Leetsdale Dr., Denver, CO 80224-1520
CNA Risk Management/RSKCO, P.O. Box 27537, Houston, TX 77227
Greg S. Russi, Esq., 201 8th St., P.O. Box 1089, Glenwood Springs, CO 81602 (For Claimant)
Janice M. Greening, Esq., 950 17th St., #2100, Denver, CO 80202-2804 (For Respondents)
BY: A. Pendroy