W.C. No. 4-405-989Industrial Claim Appeals Office.
September 26, 2002
FINAL ORDER
The employer seeks review of an order of Administrative Law Judge Harr (ALJ) dated April 16, 2002, which determined the claimant suffered a compensable injury and awarded medical benefits. We affirm.
The matter came before the ALJ at a hearing on April 16, 2002. The employer did not participate in the hearing. Based upon the evidence presented, the ALJ found the claimant injured his upper back on June 15, 2001 while moving a tanning bed during his employment for the uninsured employer. The ALJ also found the employer did not designate a treating physician and, therefore, the chiropractor selected by the claimant was authorized to treat the injury. Further, the ALJ determined the chiropractic treatment was reasonable and necessary. Consequently, the ALJ ordered the employer to pay the medical expenses incurred by the claimant with Andrew Becker D.C. in the amount of $1,337.
By letter dated April 22, 2002, the employer contested the ALJ’s order. The employer alleged the claimant had pre-existing back problems, that the claimant’s job duties did not require him to move tanning beds, and that he had no funds to pay the award of workers’ compensation benefits. Further, the employer contended he had no notice of the claim or the April 16 hearing until he received the order awarding benefits.
In response to the employer’s appeal, the ALJ scheduled an additional hearing on August 27, 2002, to afford the employer an opportunity to present evidence in defense of the claim. Notice of the hearing was mailed to the employer at the address listed on the April 22, 2002 letter. However, the employer did not attend the August 27 hearing. The matter was subsequently transmitted to us for review.
Our authority to review the ALJ’s order is defined in § 8-43-301(8), C.R.S. 2002. That statute precludes us from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and indicate the ALJ credited the claimant’s testimony. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992).
The employer has not provided a transcript of the hearing on April 16, 2002. See § 8-43-301(2), C.R.S. 2002 (petitioner shall, at the time of the filing of the petition to review, “order any transcript relied upon for the petition to review, arrange with the hearing reporter to pay for the same and notify opposing parties of the transcript ordered.”). Under these circumstances we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the ALJ’s factual determinations support the award of benefits.
Finally, the record shows the employer was afforded an adequate opportunity to defend the claim. Consequently, the employer’s due process rights were not implicated.
IT IS THEREFORE ORDERED that the ALJ’s order dated April 16, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL ____________________________________ Kathy E. Dean ____________________________________ Bill Whitacre
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. 2001. 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, Tower 3, Suite 350, Denver, CO. 80202.
Copies of this decision were mailed September 26, 2002 to the following parties:
Timothy J. Frederick, 7855 W. Ontario Place, Littleton, CO. 80128
Brent Michnal, 18720 Steeple Chase Dr., Peyton, CO. 80831
Brent Michnal, c/o Sierra Motors, 379 5th St., Calhan, CO. 80808
Tamarac Tans, c/o Deborah Caine, 25808 Sunrise Lane, Golden, CO. 80401-9627
Kathleen Pennucci, Special Funds, Tower 2, #630, Division of Workers’ Compensation Interagency Mail.
BY: A. Hurtado