IN RE BUNCH, W.C. No. 4-416-012 (8/25/2005)


IN THE MATTER OF THE CLAIM OF BILLY BUNCH Deceased, DOROTHY BUNCH (Dependent), Claimant, v. DOW CHEMICAL, Employer, and TRAVELERS PROPERTY AND CASUALTY COMPANY, Insurer, Respondents.

W.C. No. 4-416-012.Industrial Claim Appeals Office.
August 25, 2005.

ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which denied certain medical benefits for treatment of an occupational disease. We remand the matter for completion of the record.

The claim was heard before the ALJ on October 4, 2002 and February 5, 2003. At the hearing on October 4, 2002, the respondents’ exhibits A through G were admitted, and the claimant’s exhibits 1 through 3 were admitted.

The claimant designated the October 4 and February 5 hearing transcripts and all exhibits as part of the appellate record. The claimant also requested that the hearing transcription in Kenneth Freiberg v. Dow Chemical, W.C. No. 4-5243-325 be included in the record. Ultimately, it was ordered that all transcription be completed by April 3, 2005.

The record transmitted on review does not contain the October 4 transcript, the exhibits admitted at that hearing or the transcript from the Freiberg claim.

Under these circumstances the matter must be remanded for completion of the record by inclusion of the missing transcripts insofar as the ALJ determines they are properly incorporated in this review and all exhibits admitted on October 4. Once the record is complete, the matter shall again be transmitted for our review.

IT IS THEREFORE ORDERED that the matter is remanded for completion of the record in accordance with this order. Once the record is complete, the matter shall again be transmitted for our review.

INDUSTRIAL CLAIM APPEALS PANEL

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Kathy E. Dean

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Curt Kriksciun

Dorothy Bunch, Arvada, CO, Albert A. Jerman, Golden, CO. Laura Glavich, Travelers Property and Casualty Company, P. Denver, CO, Michael A. Patrick, Esq., Berthoud, CO, (For Claimant).

Scott M. Busser, Esq., Denver, CO, (For Respondents).