W.C. No. 4-533-832Industrial Claim Appeals Office.
March 21, 2003
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Harr (ALJ) which denied a claim for temporary total disability (TTD) benefits. We affirm.
The claimant filed a petition to review the ALJ’s order, which denied a claim for TTD benefits. The ALJ found the claimant failed to prove he was disabled for three or more days and, in any event, was responsible for his termination from employment. The petition to review contains only general allegations of error. Further, the claimant did not file a brief in support of the petition to review. Therefore, the effectiveness of our review is limited.
In order to prove entitlement to TTD benefits, the claimant was required to prove a period of disability longer than three days. Section 8-42-103(1)(a), C.R.S. 2002. The question of whether the claimant proved such a disability is one of fact for the ALJ. See Lymburn v. Symbios Logic, 952 P.2d 831 (Colo.App. 1997).
Here, the claimant failed to procure a transcript. Thus, we must presume the ALJ’s findings are supported by substantial evidence. Nova v. Industrial Commission, 754 P.2d 800 (Colo.App. 1988). Further, the documentary evidence supports the ALJ’s findings concerning the medical evidence. Under these circumstances, the record supports the ALJ’s conclusion the claimant failed to prove disability of sufficient duration to justify an award of TTD benefits.
In light of this determination we need not reach the question involving termination from employment.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 1, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Robert M. Socolofsky
NOTICE This Order is final unless an action to modify or vacate this Order iscommenced 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 mustserve a copy of the petition upon all other parties, including theIndustrial Claim Appeals Office, which may be served by mail at 1515Arapahoe Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed March 21, 2003 to the following parties:
Brian Fenner, P. O. Box 672, Saratoga, WY 82331
Hulstrom Dairy, Inc., c/o Genell Hulstrom, 2714 W.C. Road 7, Erie, CO 80516
Felicia Yates, TIG Insurance Company, P. O. Box 152867, Irving, TX 75015
Gary L. Fleming, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)
By: A. Hurtado