W.C. No. 4-266-257Industrial Claim Appeals Office.
June 26, 1996
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Erickson (ALJ) which denied and dismissed her claim. We affirm.
The claimant suffered a compensable back injury in March 1995, while working as a supervisor at the Pinehurst County Club (Country Club). The injury was treated by Dr. Primack and Dr. Kuper.
The claimant subsequently filed a claim which alleged a new injury on July 17, 1995, while cleaning the kitchen at the Country Club. The respondents denied liability and the claim was heard by the ALJ on January 18, 1996.
Based upon the evidence presented on January 18, the ALJ determined that the claimant failed to sustain her burden to prove that she suffered a work-related injury on July 17, 1995. In so doing, the ALJ found that the record did not support the claimant’s testimony concerning the dates she reported the July 17 injury to her supervisor, Dr. Kuper and Dr. Primack. Therefore, the ALJ found the claimant’s testimony that she suffered a new injury on July 17 to be incredible.
On review the claimant does not allege any specific errors by the ALJ. Rather, the claimant reasserts her testimony that she timely reported the injury, and contends that the physicians did not record her report in their medical files. The claimant also alleges that she was not treated fairly by the Country Club or the treating physicians in connection with the March injury and the alleged injury on July 17.
However, the claimant has not provided us with a transcript of the January hearing. Under these circumstances we are required to assume that the ALJ’s factual determinations are support by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Consequently, we are bound by the ALJ’s findings of fact. Section 8-43-301(8), C.R.S. (1995 Cum. Supp.); General Cable Co. v. Industrial Claim Appeals Office, 878 P.2d 118
(Colo.App. 1994 ).
Moreover, the ALJ’s findings support his determination that the claimant failed to sustain her burden to prove that she suffered a compensable injury. See § 8-41-301(1), C.R.S. (1995 Cum. Supp.). Therefore, the claimant has failed to establish grounds which afford us a basis to disturb the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 7, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacatethis Order is commenced in the Colorado Court of Appeals, 2 East14th Avenue, Denver, CO 80203, by filing a petition for reviewwith the court, with service of a copy of the petition upon theIndustrial Claim Appeals Office and all other parties, withintwenty (20) days after the date this Order is mailed, pursuant tosection 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed June 26, 1996 to the following parties:
Noelia F. Castaneda, 6060 W. Florida Ave., Lakewood, CO 80232
Pinehurst Country Club, 6255 W. Quincy Ave., Denver, CO 80235-3010
Aetna Casualty Surety Company of Illinois, P. O. Box 173712, Denver, CO 80217
Lawrence D. Blackman, Esq. and Christina M. Middendorf, Esq., Security Life Center, 1290 Broadway, #708, Denver, CO 80203 (For Respondents)
BY: _______________________