W.C. No. 4-298-973Industrial Claim Appeals Office.
February 20, 1997
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ), which dismissed her claim for lack of jurisdiction. We affirm.
The claimant appears to allege that she was injured in the State of Texas, as well as the State of Colorado. However, the ALJ found that the claimant’s only connection with Colorado was that she lived in this state for at least part of the time “relevant” to the claim. Further, the ALJ found that the claimant was hired in Texas, and her work duties were performed in Texas.
The claimant submitted a lengthy petition to review which makes numerous factual allegations. However, because the claimant did not submit a copy of the transcript of the hearing, we must presume that 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).
Insofar as the claimant is asserting that she sustained a compensable injury while in the State of Texas, the case is governed by § 8-41-204, C.R.S. (1996 Cum. Supp.). However, the ALJ’s findings, and the claimant’s deposition testimony, support the ALJ’s conclusion that the claimant was not hired in Colorado, nor did she perform regular employment in Colorado. Therefore, any injury which the claimant may have experienced in Texas is not compensable under Colorado law. See Moorhead Machinery Boiler Co. v. Del Valle, ___ P.2d ___ (Colo.App. 95CA2135, September 5, 1996). Insofar as the claimant is asserting that she sustained an injury within Colorado, the evidence supports the ALJ’s finding that claimant did not perform substantial employment in Colorado. See Monolith Portland Cement v. Burak, 772 P.2d 688 (Colo.App. 1989).
The claimant’s petition to review contains numerous factual allegations which might support a different conclusion. However, representations contained in the claimant’s petition may not substitute for evidence which must appear of record. See Subsequent Injury Fund v. Gallegos, 746 P.2d 71 (Colo.App. 1987).
IT IS THEREFORE ORDERED that the ALJ’s order dated November 6, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C. R. S. (1996 Cum. Supp.).
Copies of this decision were mailed February 20, 1997
to the following parties:
Pamela J. Eastwood, 19200 Smith Road, Aurora, CO 80011
American Airlines, Inc., 8200 E. 32nd Ave., Denver, CO 80207-2510
Mary Padilla, The Travelers Companies, P.O. Box 173762, Denver, CO 80217-3762
Christina M. Middendorf, Esq., 1290 Broadway, Ste. 708, Denver, CO 80203 (For the Respondents)
By: _____________________________________