W.C. Nos. 4-381-081 4-418-010 4-437-957 4-444-985Industrial Claim Appeals Office.
September 14, 2000
ORDER OF REMAND
This matter is before us pursuant to the claimant’s petition to review an order of Administrative Law Judge Stuber (ALJ Stuber) dated May 2, 2000. We remand the matter for completion of the record.
This case involves the dismissal of three separate claims for workers’ compensation benefits based on the claimant’s failure to provide medical releases. The claims, W.C. No. 4-381-081, W.C. No. 4-418-010, and W.C. No. 4-444-985, were consolidated pursuant to ALJ Stuber’s order dated April 21, 2000. In the May 2 order, ALJ Stuber found the claimant “has previously been ordered to provide releases,” the respondents “filed a motion to compel” discovery, and on February 17, 2000, ALJ Muramoto ordered the claimant to provide signed medical releases. (Findings of Fact 1, 2, 3). Ultimately, ALJ Stuber determined the claimant willfully failed to provide medical releases and dismissed all of the claims. The claimant appealed.
In their brief, the respondents state they filed a motion to compel discovery in W.C. No. 4-381-081 on January 14, 2000. Although the record contains a January 28, 2000, order granting the motion to compel, the motion itself is absent from the record. The respondents further assert that on February 2, 2000, they filed a motion to compel discovery in W.C. No. 4-418-010, and an order granting this motion was entered on February 17, 2000. We are unable to locate either the motion to compel or the order granting the motion. Finally, the respondents’ brief indicates that on February 2, 2000, they filed a motion to compel discovery in W.C. No. 4-444-985, and the motion was granted by order dated February 17, 2000. Although we find an order granting the motion to compel, the motion itself is not found in the record.
Under the circumstances, the matter must be remanded for completion of the record. It is apparent the ALJ relied on the respondents’ motions to compel discovery, and the orders granting those motions. Consequently, all of these documents should be contained in the record for review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolfsky
Copies of this decision were mailed September 14, 2000 to the following parties:
Maria J. Fay, P. O. Box 101614, Denver, CO 80250
Maria J. Fay, P. O. Box 386, Commerce City, CO 80037
Steve Shomaker, United Parcel Service, 5020 Ivy St., Commerce City, CO 80022
United Parcel Service, 6355 E. 50th Ave., Commerce City, CO 80022-4517
Liberty Mutual Fire Insurance, 13111 E. Briarwood Ave., Englewood, CO 80112
Joellen Walter, Liberty Mutual Fire Insurance, P. O. Box 168208, Irving, TX 75016-8208
John M. Connell, Esq., and Scott D. Sweeney, Esq., 1675 Larimer St., #710, Denver, CO 80203 (For Respondents)
BY: A. Pendroy