W.C. No. 4-221-283Industrial Claim Appeals Office.
May 10, 1996
FINAL ORDER
The pro se claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ) which denied and dismissed his claim for benefits. We affirm.
The ALJ determined that the claimant was neither an employee, nor a statutory employee, of the respondents at the time he was injured. To the contrary, the ALJ found that the claimant occasionally vaccinated lambs for the respondents. However, at the time he was injured, the claimant was voluntarily assisting his father who was performing general ranch work for the respondents.
The claimant has not submitted a brief in support of his petition to review. Consequently, the effectiveness of our review is limited.
The ALJ’s findings of fact are supported by substantial, albeit conflicting, evidence in the record. Thus, the findings must be upheld. Section 8-43-301(8), C.R.S. (1995 Cum. Supp.).
Moreover, the ALJ’s findings support denial of the claim. The ALJ found that the claimant was not working pursuant to any contract for hire at the time of the injury. Instead, he was a mere volunteer, and therefore, is not entitled to workers’ compensation benefits. See Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384, 1361(Colo.App. 1994) (no contract for hire exists unless there is legal consideration and mutuality of agreement); Hall v. State Compensation Insurance Fund, 154 Colo. 47, 387 P.2d 899 (1963).
IT IS THEREFORE ORDERED that the ALJ’s order dated July 26, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1990 Cum.Supp.).
Copies of this decision were mailed May 10, 1996 to the following parties:
Francisco Gallegos, P.O. Box 306, Ft. Collins, CO 80522
Francisco Gallegos, 300 N. Loomis St., Ft. Collins, CO 80521
Bill Fabrizius, 1294 Weld County Road 80, Eaton, CO 80615
Art Fabrizius, 11398 Colorado Highway 392, Windsor, CO 80631
Thomas E. Hellerich, Esq., 1812 56th Ave., Greeley, CO 80634 (For the Respondent)
By: ___________________________