W.C. No. 4-504-737Industrial Claim Appeals Office.
October 17, 2002
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Felter (ALJ) which determined the claimant failed to prove a compensable injury and, therefore, denied and dismissed the claim for workers’ compensation benefits. We affirm.
During July and August 2000, the claimant worked for the respondent-employer at a construction project in the Marriott hotel. The claimant alleged a right shoulder injury on August 1, 2000, while carrying buckets of rout at work. The respondent-employer’s foreman testified the claimant’s job consisted of sweeping and vacuuming, and there was no reason for the claimant to be carrying buckets of grout because the employer had a separate concrete crew to perform the concrete work. The foreman also stated that all the concrete work was finished by March 2000, and consequently, there would have been no reason for any concrete workers to be at the job site in August 2000. The project supervisor gave similar testimony.Crediting the testimony of the foreman and project supervisor, the ALJ found the claimant failed to prove he suffered a work-related injury while working for respondent-employer in July and August 2000.
The claimant’s petition to review reasserted his contention that he poured grout at work on August 1, 2000. He also contended “all evidence wasn’t my right shoulder isn’t right yet.” However, the claimant did not file a brief in support of the petition to review. Consequently, the effectiveness of our review is limited. See Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
Our authority to review the ALJ’s order is defined in § 8-43-301(8), C.R.S. 2002. That statute precludes us from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and the findings indicate that the ALJ resolved conflicts in the evidence based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992).
The claimant has not provided a transcript of the hearing on February 20, 2002. See § 8-43-301(2), C.R.S. 2000 (petitioner shall, at the time of the filing of the petition to review, “order any transcript relied upon for the petition to review, arrange with the hearing reporter to pay for the same and notify opposing parties of the transcript ordered.”). Under these circumstances, we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988).
The ALJ’s findings are also supported by the depositions of the employer’s foreman and project supervisor. Moreover, the ALJ’s factual determinations support the conclusion that the claimant failed to prove an injury arising out of and in the course of his employment for the respondent-employer. Consequently, the ALJ did not err in denying the claim.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 7, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ Kathy E. Dean
________________________________ 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. 2002. 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, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed October 17, 2002 to the following parties:
Lawren E. Carr, 3216 Holly St., Denver, CO 80207
Patricia Reasbeck, M. A. Mortenson Company, 700 Meadow Lane North, Minneapolis, MN 55402
Kathy Redmond, St. Paul Fire and Marine Insurance Co., 2000 S. Colorado Blvd., #2-480, Denver, CO 80222
Lawrence D. Blackman, Esq., 999 18th St., #1755, Denver, CO 80202 (For Respondents)
BY: ____A. Hurtado____