W.C. No. 4-519-634Industrial Claim Appeals Office.
November 8, 2002
FINAL ORDER
The employer seeks review of an order of Administrative Law Judge Jones (ALJ) which requires it to pay medical benefits. We affirm.
The claimant requested payment of a medical bill for injuries sustained on March 8, 2001. The employer did not appear for the hearing.
The ALJ, based on evidence presented at the hearing, determined the employer was not insured by respondent Liberty Mutual Insurance Company (Liberty) on the date of the alleged injury. Consequently, the ALJ dismissed Liberty from the case. Further, the ALJ found the claimant sustained a compensable injury and ordered the employer to pay a medical bill for treatment of the injury.
The employer filed a petition to review in which it alleges it was insured by another insurance company and the claimant concealed this information at the time of the hearing. No brief was filed in support of the petition.
The employer failed to procure a transcript of the hearing. Consequently, we must presume the ALJ’s findings of fact are supported by the evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988). Further, the factual assertions contained in the employer’s petition are not evidence in the case and may not be considered on appeal. Subsequent Injury Fund v. Gallegos, 746 P.2d 71
(Colo.App. 1987). Thus, we must assume the evidence presented at the hearing supports the ALJ’s determination the employer was uninsured and is primarily liable for the medical expense incurred by the claimant.
IT IS THEREFORE ORDERED that the ALJ’s order dated June 7, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________
David Cain
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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. 2002. 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 Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed _______November 8, 2002 _ to the following parties:
Erik S. Dolph, 601 27th Ave., Greeley, CO 80634
Tony Policicchio, T. J. P. Construction, Inc., 2058 W. 17th St., Loveland, CO 80538-3576
Laura Reid, Liberty Mutual Insurance Company, P. O. Box 168208, Irving, TX 75016-8208
Liberty Mutual Insurance Company, P. O. Box 3539, Englewood, CO 80155-3539
Douglas Polling, Esq., 1120 Lincoln St., #1600, Denver, CO 80203 (For Respondent Insurer)
By:A. Hurtado