W.C. No. 4-553-227Industrial Claim Appeals Office.
February 12, 2004
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which denied and dismissed her claim for workers’ compensation benefits. We affirm.
The claimant alleged injuries on June 29 and July 1, 2002 from exposure to aerial sprayed pesticides where she was harvesting crops for the employer. The ALJ found that smoke with paraffin oil which was produced by a crop dusting airplane drifted into the field where the claimant was working. The ALJ also found the smell was strong and that the claimant subsequently felt ill with a sore throat, coughing and irritated eyes. Later the claimant developed a rash. However, the ALJ determined claimant’s exposure to the paraffin smoke was not harmful and that the claimant suffered no injurious exposure to a pesticide. Therefore, the ALJ determined the claimant failed to prove she suffered a compensable injury and denied the claim.
The claimant’s petition to review states that she is not satisfied with the respondents’ explanation of the pesticides applied on June 29 and July 1. In particular, she contends she was exposed to more than one pesticide, which continues to affect her health. However, the claimant does not allege any specific error by the ALJ and the claimant has not filed a brief in support of the petition to review. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
Workers’ compensation benefits are only payable for compensable injuries. Section 8-41-301 C.R.S. 2003. To prove a compensable injury, the claimant must establish an injury arising out of and in the course of employment. Madden v. Mountain West Fabricators, 977 P.2d 861 (Colo. 1999). The question of whether the claimant has met her burden of proof is one of fact for determination by the ALJ. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, 989 P.2d 251 (Colo.App. 1999). Under § 8-43-301(8), C.R.S. 2003, we may not disturb 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). Further, the claimant has not provided a transcript of the hearing on September 4, 2003. 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). However, the ALJ’s findings are also supported by substantial medical evidence in the record and the findings support a conclusion that the claimant failed to prove her entitlement to workers’ compensation benefits.
IT IS THEREFORE ORDERED that the ALJ’s order dated October 10, 2003, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Robert M. Socolofsky
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. 2003. 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 order were mailed to the parties at the addresses shown below on February 12, 2004 by A. Hurtado.
Blanca Chavez, PMB 990, P. O. Box 12, San Luis, AZ 85349
Cactus Produce, Inc., P. O. Box 1178, Scottsdale, AZ 85252
Legal Department, Pinnacol Assurance — Interagency Mail
Thomas M. Condas, Esq., 111 S. Tejon St., #700, Colorado Springs, CO 80903 (For Respondents)