W.C. No. 4-196-156Industrial Claim Appeals Office.
October 2, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Mattoon (ALJ) which denied the claim for permanent total disability benefits. We remand the matter for completion of the record.
In an order dated February 1, 2000, the ALJ denied the claim for permanent total disability benefits. The claimant appealed arguing the ALJ erred in addressing the issue of permanent total disability because the respondents failed to overcome the Division-sponsored independent medical examination physician’s opinion that the claimant was not at maximum medical improvement (MMI). In reply, the respondents make several arguments that the claimant waived the issue of MMI. One of the arguments is predicated on the contents of the claimant’s objection to the respondents’ final admission of liability. (Respondents’ Brief at p. 4). The claimant’s brief also refers to the objection to the final admission of liability. (Claimant’s Brief at p. 2).
As the respondents point out, the ALJ apparently took administrative notice of the respondents’ July 27, 1998, final admission, together with the claimant’s objection to the admission. (Tr. p. 6). Although the record contains a copy of the July 27 final admission, it does not contain a copy of the claimant’s objection. Therefore, the matter must be remanded for completion of the record by inclusion of a copy of the claimant’s objection to the respondents’ final admission of liability dated July 27, 1998.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Bill Whitacre
Copies of this decision were mailed October 2, 2000 to the following parties:
Daniel H. Delvalle, 520 Edna St., Pueblo, CO 81005
Moorhead Machinery Boiler Co., Mike Toyli, 3477 University Ave. Northeast, Minneapolis, MN 55418
Twin City Fire Insurance Company, Laurie Iverson, Acct. Rep., 110 Woodland Place, Park City, UT 84098
James A. May, Esq., P.O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
W. Berkely Mann, Jr., P.O. Box 22833, Denver, CO 80222 (For Respondents)
BY: A. Pendroy