W.C. No. 4-111-227Industrial Claim Appeals Office.
January 4, 2001
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) insofar as the order may be interpreted as denying a claim for medical benefits to treat the claimant’s back condition. We remand the matter for clarification of the record.
The issue in this case is whether or not the ALJ’s order should be interpreted as denying a claim for treatment for the claimant’s back condition and, if so, whether the order is supported by substantial evidence in the record. At the commencement of the hearing, which was tape-recorded, the ALJ inquired whether either party had “any submissions.” The record indicates there was “no audible response.” (Tr. p. 4).
The file submitted for review contains various documents including numerous medical records. The record also contains an index captioned as “Respondents’ Hearing Exhibits,” and a similar index captioned as “Claimant’s Submissions.” None of these documents contains a stamp or other indication that it was received in evidence at the hearing. Thus, in the absence of any “audible response” to the ALJ’s inquiry, we are unable to ascertain from the transcript which documents, if any, were admitted as evidence and considered by the ALJ. See Rule of Procedure VIII (I) (6) (only reports and records filed and identified at the formal hearing which are relevant to an issue set for hearing will be considered as evidence).
Under these circumstances, the matter must be remanded to the ALJ to clarify which documents were admitted as evidence at the time of the hearing. Once the ALJ issues an order clarifying the scope of the record and identifying those documents which were admitted into evidence, the matter shall be retransmitted for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with this order. Once the record is clarified, the matter shall be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed January 4, 2001 to the following parties:
Norman Crandall, 1645 Shasta Dr., Colorado Springs, CO 80910
C D Enterprises, 306 Delaware Dr., Colorado Springs, CO 80909
Laurie A. Schoder, Esq., Pinnacol Assurance — Interagency Mail (For Respondents)
James A. May, Esq., 105 E. Moreno Ave., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Eric Pollart, Esq., 600 17th St., #1600N, Denver, CO 80202
BY: A. Pendroy