W.C. No. 3-113-338Industrial Claim Appeals Office.
June 20, 2001
ORDER
The claimant seeks review of an order of Administrative Law Judge Martinez (ALJ) dated December 18, 2000, which denied future medical benefits as provided by Grover v. Industrial Commission, 759 P.2d 705 (Colo. 1988). The ALJ also suspended the claimant’s entitlement to all benefits in accordance with 8-42-113(1), C.R.S. 2000. We remand the matter for completion of the record.
In 1994, the claimant suffered a compensable injury. It is undisputed the respondents filed an Amended Final Admission dated October 18, 1999. The claimant filed a written objection on October 28, 1999. The claimant also filed an Application for Hearing.
The matter came before the ALJ at a hearing on November 6, 2000, on the issues of Grover-type medical benefits and the respondents’ petition to suspend benefits under § 8-42-113(1). The ALJ found that the claimant objection’s to the Amended Final Admission did not object to the respondents’ position on future medical benefits. Therefore, the ALJ determined the issue of medical benefits was closed. Furthermore, the ALJ determined the claimant failed to sustain his burden to prove grounds to reopen the issue of medical benefits. Therefore, the ALJ denied the claimant’s request for an award of Grover-type medical benefits. The ALJ also suspended the claimant’s right to “all benefits” effective August 11, 2000, the date the claimant became incarcerated.
On review the claimant contends, inter alia, the ALJ erred as a matter of law in determining that the issue of Grover-type medical benefits was closed.
The record transmitted on review does not contain the respondents’ Amended Final Admission of Liability dated October 18, 1999, or the claimant’s objection to the final admission and Application for Hearing dated October 28, 1999. However, the parties referenced these documents in their written arguments and the ALJ expressly relied on these documents to find the issue of medical benefits was closed. Therefore, we must remand the matter to the Division of Administrative Hearings for completion of the record.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record consistent with the views expressed herein. Once the record is complete, the matter shall be immediately retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed June 20, 2001 to the following parties:
S.C. C., James G. Eddy, DOC #106326, P. O. Box 800, Canon City, CO 81215-0800
Toby’s Vacuum Truck Service, P. O. Box 515, Parachute, CO 81635-0515
Rhonda Norris, State Farm Insurance Companies, P. O. Box 266004, Littleton, CO 80163
J. Keith Killian, Esq. and Amy K. Eaton, Esq., P. O. Box 4859, Grand Junction, CO 81502 (For Claimant)
Kim D. Starr, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526 (For Respondents)
BY: A. Pendroy