IN RE BROWNLEE, W.C. No. 3-560-076 (10/12/95)


IN THE MATTER OF THE CLAIM OF TODD BROWNLEE, Claimant, v. KIEFER CONCRETE, INC. and/or LEON HEATHERINGTON and/or DAVID DURST AND BETTY VAN AMBURG, Employers, and COLORADO COMPENSATION INSURANCE AUTHORITY and/or NON-INSURED and/or SUBSEQUENT INJURY FUND, Insurers, Respondents.

W.C. Nos. 3-560-076 4-176-467 4-189-691Industrial Claim Appeals Office.
October 12, 1995

ORDER OF REMAND

The Subsequent Injury Fund (SIF) seeks review of a final order of Administrative Law Judge Gandy (ALJ), which ordered it to pay one hundred percent of the claimant’s permanent total disability benefits. We remand the matter for completion of the record.

The ALJ’s order indicates that the claim for permanent total disability benefits was predicated on three separate workers’ compensation claims numbered W.C. 3-560-076, W.C. 4-176-467, and W.C. 4-189-691. In its petition to review, the SIF designated “the entire” Division of Workers’ Compensation file. However, the file for W.C. 3-560-076 has not been transmitted to us.

Under these circumstances, the matter must be remanded for completion of the record. The record should be supplemented to include the file in W.C. 3-560-076.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for review.

INDUSTRIAL CLAIM APPEAL PANEL

___________________________________ David Cain
___________________________________ Dona Halsey

Copies of this decision were mailed October 12, 1995 to the following parties:

Todd J. Brownlee, 421 Galaxy Wy., Ft. Collins, CO 80525

Mr. Leon R. Heatherington, Route 4 Box 989, Summerland Key, FL 33042

Kiefer Concrete, Inc., 360 Linden St., Ft. Collins, CO 80524-2496

Mr. David Durst and Ms. Betty VanAmburg, 44595 Poudre Canyon Highway, Belleview, CO 80512

Richard K. Blundell, Esq., 800 8th Ave., #202, Greeley, CO 80631 (For the Claimant)

Colorado Compensation Insurance Authority, Attn: Legal Dept. — Interagency Mail

Subsequent Injury Fund — Interagency Mail

Attorney General’s Office, Attn: James E. Martin, Jr., Esq., 1525 Sherman St., 5th Flr., Denver, CO 80203

(For the SIF)

By: __________________________