W.C. No. 4-181-435Industrial Claim Appeals Office.
January 24, 1996
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Friend (ALJ) which denied and dismissed his claim for benefits associated with an industrial injury of August 22, 1992. We affirm.
The issue in this case turned on whether the claimant proved that his disability and need for treatment, subsequent to July 1, 1993, was causally connected to the August 1992 injury. The ALJ, citing the testimony of Dr. Bernton, as well as inconsistencies between the claimant’s testimony and the medical evidence, concluded the claimant failed to carry his burden of proof. Consequently, the ALJ denied the claim for benefits.
The claimant failed to file a brief in support of his petition to review. Further, the petition itself cites only general errors. Consequently, the effectiveness of our review is limited.
The question of whether the claimant proved a causal connection between the August 1992 injury and the subsequent need for treatment and disability is factual in nature. See Metro Moving and Storage Co. v. Gussert, ___ P.2d ___ (Colo.App. No. 94CA1926, June 15, 1995); F. R. Orr Construction v. Rinta, 717 P.2d 965 (Colo.App. 1985). Because the issues are factual in nature, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301 (8), C.R.S. (1995 Cum. Supp.). In applying the substantial evidence test, we are obliged to defer the ALJ’s resolution of conflicts in the evidence, his credibility determinations and the plausible inferences which he drew from the evidence. Metro Moving and Storage Co. v. Gussert, supra.
Here, we have reviewed the record. Although the evidence was conflicting, the ALJ’s pertinent findings are supported by those portions of the evidence which he found credible. Moreover, the findings support the conclusion that the claimant failed to carry his burden of proof. Consequently, the order must be upheld.
IT IS THEREFORE ORDERED that the ALJ’s order, dated January 4, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
This Order is final unless an action to modify or vacate theOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, Colorado 80203, by filing a petition to review withthe court, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20) daysafter the date the Order was mailed, pursuant to §§ 8-43-301(10)and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed January 24, 1996 to the following parties:
Michael A. Erhart, 807 Riverview Rd., Riverton, WY 82501
Flint Engineering Construction Co., 695 W. 6th St. South, Cheyenne Wells, CO 80810
Planet Ins. Co., 10375 E. Harvard Ave., #400, Denver, CO 80231
Crawford Co., Attn: Stacy Strickland, 4570 Hilton Pkwy., #202, Colorado Springs, CO 80907
Laurence J. Free, Esq., 1199 Bannock St., Denver, CO 80204 (For the Claimant)
Lawrence Blackman, Esq., 1290 Broadway, Ste. 708, Denver, CO 80203 (For the Respondents)
By: _____________________