W.C. No. 4-358-934Industrial Claim Appeals Office.
December 17, 1998
FINAL ORDER
The pro se claimant seeks review of a final order of Chief Administrative Law Judge Felter (ALJ), denying his claim for workers’ compensation benefits. We affirm.
The claimant testified that he injured his ankle on the employer’s premises at approximately 5:45 a.m. on October 27, 1997. However, this testimony was contradicted by a co-employee who was present on the premises at the time the claimant allegedly fell. Further, a medical report completed on the day of the injury states the claimant slipped and fell while working in his backyard.
The ALJ credited the testimony of the co-employee, and found that the medical records did not document a work-related injury. Consequently, the ALJ concluded that the claimant failed to prove that he sustained an injury arising out and in the course of employment.
The claimant did not file a brief in support of his petition to review. Further, the petition to review contains only general allegations of error. Consequently, the effectiveness of our review is limited.
The claimant was required to prove that he sustained an injury arising out of and in the course of employment. Section 8-41-301(1)(b), C.R.S. 1998; § 8-43-201, C.R.S. 1998. The question of whether the claimant carried his burden of proof is one of fact for determination by the ALJ. Eisnach v. Industrial Commission, 633 P.2d 502 (Colo.App. 1981).
Because the question of compensability is factual, we must uphold the ALJ’s order if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 1998. In applying this standard we are obliged to defer to the ALJ’s resolution of conflicts in the evidence, his credibility determinations, and the plausible inferences he drew from the record. Metro Moving Storage Co. v. Gussert, 914 P.2d 411 (Colo.App. 1995).
We have reviewed the record and conclude that the ALJ’s findings of fact are supported by substantial evidence. These findings support the ALJ’s conclusion that the claimant failed to prove a compensable injury. Thus, the ALJ’s order must be upheld.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 22, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Robert M. Socolofsky
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed December 17, 1998
to the following parties:
David Flores, 2052 Julian St., Denver, CO 80211
Thompson Pipe Steel, P. O. Box 2852, Denver, CO 80201-2852
Melissa Miller, Hartford Fire Insurance, P. O. Box 22815, Denver, CO 80222
Bradley Unkeless, Esq., 7670 S. Chester St., #300, Englewood, CO 80112 (For Respondents)
BY: ____________