W.C. No. 4-401-701Industrial Claim Appeals Office.
May 14, 2001
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Jones dated February 20, 2001, which denied permanent disability benefits. We remand the matter for completion of the record.
Relying on the testimony of Dr. Belleville, and surveillance videos which were admitted into evidence as Respondents’ Exhibit N, (Tr. December 17, 1999, p. 22), the ALJ found the Division-sponsored independent medical examiner’s (DIME) permanent impairment rating was overcome by “clear and convincing” evidence. The claimant timely appealed.
On review, the claimant contends, inter alia, that there is insufficient evidence to support the ALJ’s finding that the DIME physician’s rating was overcome. To properly evaluate the claimant’s argument, we must review the surveillance videos. However, the record transmitted on appeal does not contain the surveillance videos. Therefore, we remand the matter for completion of the record to include the surveillance videos. When the record has been completed, the matter shall be retransmitted to us for review of the ALJ’s order.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record consistent with this order.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed May 14, 2001 to the following parties:
Richard G. Frisby, 6300 West County Road 50, Bellvue, CO 80512-5801
Anheuser Busch Companies, Inc., 1 Busch Pl., St. Louis, MO 63118-1849
Susan Morehouse, Anheuser Busch Companies, Inc., 2351 Busch Dr., Ft. Collins, CO 80524
Pacific Employers Insurance (CIGNA), P. O. Box 2941, Greenwood Village, CO 80150
Craig Stirn, Esq., 2629 Redwing Rd., #280, Ft. Collins, CO 80526 (For Claimant)
Kim D. Starr, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526 (For Respondents)
BY: A. Pendroy