W.C. No. 4-426-344Industrial Claim Appeals Office.
October 23, 2001
ORDER OF REMAND
This matter is before us for consideration of the respondents’ petition to review orders of Administrative Law Judge Martinez (ALJ) dated May 18, 2000, and March 22, 2001. We remand the matter for completion of the record.
On May 18, 2000, the ALJ entered an order authorizing a change of physician. The respondents appealed arguing that the claimant was required to undergo a Division- sponsored independent medical examination under principles discussed in Story v. Industrial Claim Appeals Office, 910 P.2d 80 (Colo.App. 1995). However, we dismissed the petition to review without prejudice because the order did not award any specific medical benefits.
After a hearing conducted on February 21, 2001, the ALJ entered an order awarding specific medical benefits. The order, dated March 22, 2001, incorporated the order of May 18, 2000. The respondents appealed the March 22 order and reiterated their previous arguments concerning the May 18 order. Further, the respondents designated as part of the record on appeal “the official files of the Division of Administrative Hearings” in support of the petition to review.
The record submitted contains a transcript of the February 2001 hearing, together with documentary evidence received at the time of the hearing. The documentary evidence submitted in February 2001 includes a transcript of the hearing conducted on April 19, 2000. In reviewing the transcript of the April 19 hearing, we note the respondents then submitted documentary evidence “consisting of Tabs A through C.” The claimant submitted a “packet” consisting of “Tabs 1 through 11.” (Transcript April 19, 2000, p. 4). However, we are unable to locate the documentary evidence submitted on April 19, nor can we determine whether that evidence is encompassed in the documentary evidence submitted in February 2001. Consequently, the matter must be remanded for completion of the record by inclusion of all documents submitted into evidence at the hearing on April 19, 2000. Further, prior to retransmission of the matter for our review, the parties and the ALJ shall be responsible for ensuring the record is complete.
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
____________________________________ Robert M. Socolofsky
Copies of this decision were mailed October 23, 2001 to the following parties:
Tammy Dimitt, 2445 Mesa Ave., Grand Junction, CO 81504
Rick Sinner, A P Services/Prime Cut Meat Market, 1960 N. 12th St., Grand Junction, CO 81501
AIU Insurance Company, Tina Gustafson, AIG Claim Services, Inc., P. O. Box 32130, Phoenix, AZ 85064
Christopher Seidman, Esq., P. O. Box 3207, Grand Junction, CO 81502 (For Claimant)
Craig P. Henderson, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
BY: A. Pendroy