W.C. No. 4-431-024Industrial Claim Appeals Office.
April 7, 2004
ORDER OF REMAND
The respondent seeks review of an order of Administrative Law Judge Stuber (ALJ Stuber) dated January 28, 2002, and an order of Administrative Law Judge Jones (ALJ Jones) dated January 8, 2003. We remand for completion of the record.
ALJ Stuber’s order determined that the claimant sustained a compensable occupational disease, but awarded no benefits. The order of ALJ Jones awards temporary disability and medical benefits.
At the commencement of the hearing held on September 20, 2001, ALJ Stuber admitted into evidence claimant’s exhibits 1 through 10 and respondent’s exhibits A through X. These exhibits are not contained in the record. Because the respondent’s principal arguments concern ALJ Stuber’s order, the matter must be remanded for completion of the record by inclusion of the omitted documents.
We note for the sake of clarity that the exhibits currently contained in the record are those which were admitted at the September 25, 2002, hearing before ALJ Jones. Some of the documents submitted to ALJ Jones may be duplicates of documents submitted to ALJ Stuber, but we cannot be certain of this without the exhibits received by ALJ Stuber.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record. Once the record is complete, the matter shall again be transmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this order were mailed to the parties at the addresses shown below on April 7, 2004 by A. Hurtado.
Manuel Gabaldon, 1997 Dexter St., Broomfield, CO 80020
Xcel Energy, 550 15th St., #500, Denver, CO 80202
G. E. Young Co., 4251 Kipling St., #510, Wheat Ridge, CO 80033
Robert M. Maes, Esq., 1610 Gaylord St., Denver, CO 80206 (For Claimant)
Douglas J. Kotarek, Esq., 1125 17th St., #600, Denver, CO 80202 (For Respondent)