W.C. Nos. 4-538-236 4-537-652Industrial Claim Appeals Office.
November 18, 2002
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which denied and dismissed claims for benefits based on a wrist injury and “stress.” We affirm.
The claimant alleged that she sustained a wrist injury in September 2001, and a stress-related injury in 2002. However, the ALJ found the claimant did not seek treatment for the wrist injury until February 2002. The ALJ also discredited the claimant’s testimony, and that of her spouse, concerning the alleged injuries. Thus, the ALJ found the claimant failed to meet the burden of proof to establish any work-related injury and denied and dismissed the claims.
On review, the claimant makes various factual assertions and alleges that the respondent altered certain documents. However, the claimant failed to secure a transcript of the hearing.
The question of whether the claimant proved that she sustained injuries arising out of and in the course of employment was one of fact for resolution by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000). Where, as here, the claimant fails to procure a transcript, 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, factual allegations contained in the claimant’s brief do not constitute evidence in the case and may not be considered on appeal. Subsequent Injury Fund v. Gallegos, 746 P.2d 71
(Colo.App. 1987).
Here, we must presume the ALJ’s findings concerning the claimant’s testimony are supported by the record. It follows there is no basis to interfere with the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated July 24, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________
David Cain
___________________________________
Kathy E. Dean
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 18, 2002 to the following parties:
Melita G. Estes, 6819 Quigley Cir., Longmont, CO 80504
King Soopers, 995 S. Hover St., Longmont, CO 80501
RSKCo, P. O. Box 5307, Denver, CO 80217-5307
Kroger Company, P. O. Box 5567, Denver, CO 80217-5567
By: A. Hurtado