W.C. No. 3-101-431.Industrial Claim Appeals Office.
August 31, 2004.
ORDER OF REMAND
This matter is before us pursuant to the claimant’s petition to review the orders of Administrative Law Judg Harr (ALJ) dated November 5, 2003, and May 18, 2004. We remand for completion of the record.
In the order dated May 18, 2004, the ALJ determined, inter alia, that the claimant failed to overcome by clear and convincing evidence the finding of a Division-sponsored independent medical examination physician that the claimant reached maximum medical improvement on April 5, 1995. The claimant challenges this determination and argues it is not supported by the evidence.
The claimant’s petition to review designated as part of the record a transcript of the hearing held on March 22, 2004. Although the briefing schedule established by letter dated June 4, 2004, states that the March 22 transcript was lodged with the Division of Administrative Hearings, the March 22 transcript is not in the record submitted for review. We also note that the briefing schedule mentions transcripts of hearings conducted on October 1, 2002, January 15, 2003, and April 8, 2003. It is unclear to us whether these transcripts were admitted as evidence at the March 22 hearing, and therefore should also be in the record. If these transcripts are part of the record, they should be submitted for our review.
The parties and the ALJ shall insure the record is complete before the file is again submitted to us. We will grant no further remands for completion of the record.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record by incorporation of the March 22 transcript, and any other necessary transcripts. Once the record is complete, the file shall again be transmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
_________________________ David Cain
_________________________ Kathy E. Dean
Wendy Brownson-Rausin, Rifle, CO, Valley View Hospital, Greenwood Village, CO, Colorado Hospital Association Trust, c/o Mary Ann Donelson, Support Services, Englewood, CO, Timothy Quinn, Esq., Denver, CO, for Claimant.
David J. Dworkin, Esq. and Angela L. Bailey, Esq., Denver, CO, for Respondents.