W.C. No. 4-226-290Industrial Claim Appeals Office.
September 26, 1995
FINAL ORDER
The respondent-employer (Western) seeks review of an order of Administrative Law Judge Gandy (ALJ) which determined that the claimant sustained a compensable injury on March 17, 1993, that Western was not insured, and ordered Western to provide medical benefits. We affirm.
Western disputes the ALJ’s finding that the claimant sustained a compensable injury. Western also asserts that the claimant gave false testimony and did not report the injury.
Western failed to order a transcript of the hearing as provided for in § 8-43-301(2), C.R.S. (1995 Cum. Supp.). Consequently, we must presume that the ALJ’s findings of fact, including those based on the claimant’s testimony, are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the factual assertions contained in Western’s brief cannot substitute for that which must appear of record. Standard Metals Corp. v. Gallegos, 781 P.2d 142 (Colo.App. 1989).
It follows that Western has failed to provide us any legal or factual basis for interfering with the ALJ’s order. Therefore, the order must be affirmed. Section 8-43-301(8), C.R.S. (1995 Cum. Supp.).
IT IS THEREFORE ORDERED that the ALJ’s order, dated July 19, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed September 26, 1995 to the following parties:
Dennis E. Eriksen, P.O. Box 1025, Greeley, CO 80632
Western Equipment Truck, Inc., Attn: Walter R. Sparrow, 2055 1st Ave., Greeley, CO 80631-7219
By: __________________________