W.C. No. 4-192-809Industrial Claim Appeals Office.
October 1, 2001
ORDER
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) dated June 13, 2001, which dismissed the claimant’s application for hearing on the issue of permanent partial disability benefits for lack of jurisdiction. We remand the matter for completion of the record.
The claimant contends the ALJ erred in finding the issue was closed by an order of ALJ Felter dated March 26, 2001. However, the record transmitted on review does not contain the March 26 order. Furthermore, the record does not contain a petition to review or a designation of record. Consequently, we are unable to ascertain whether the appellate record includes a transcript of the hearing on June 6, 2001. Therefore, we remand the matter for completion of the record. On remand the record shall be supplemented with a copy of ALJ Felter’s order dated March 26, 2001, the claimant’s petition to review including any designation of record, any transcripts which are part of the appellate record and a copy of the respondents’ response to the March 16 application for hearing.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record consistent with the views expressed herein. Once the record is complete, the matter shall be immediately retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed October 1, 2001 to the following parties:
David D. Cash, 18440 Black Squirrel Rd., Black Forest, CO 80908
Jack F. Buhl, Cibola Construction, P. O. Box 5611, Colorado Springs, CO 80931-5611
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority d/b/a Pinnacol Assurance — Interagency Mail (For Respondents)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
Thomas M. Stern, Esq., 600 17th St., #1600N, Denver, CO 80202
BY: A. Pendroy