W.C. No. 4-586-030.Industrial Claim Appeals Office.
May 27, 2005.
FINAL ORDER
The respondent, Sheri Long (Long) seeks review of an order of Administrative Law Judge Mattoon (ALJ) which imposed penalties under §8-43-304(1) and § 8-43-408(4), C.R.S. 2004. Long alleges the ALJ erroneously held Long and Darin Trapp personally liable for penalties after dismissing these respondents from the claim. We affirm.
In a prior order dated, April 13, 2004, the ALJ found the claimant suffered a compensable slip and fall injury while employed as a waitress in a bar operated by Etcetra Inc. (Etcetra). The ALJ also found that Long is the sole owner of Etcetra which was uninsured for workers’ compensation at the time of the injury. Consequently, the ALJ increased the compensation awarded to the claimant by 50 percent. Further, the ALJ ordered the “Respondent Etcetra” to either deposit $100,000 or post a bond to guarantee payment of the award. However, the ALJ expressly denied the claimant’s request to hold Long and Trapp personally liable for the award. (See Claimant’s Hearing Exhibit 1).
The claimant appealed the April 13 order. We modified the order to require the employer to either pay all benefits and penalties or post a bond consistent with the requirements of § 8-43-408(2). We also remanded the matter for a new order concerning the imposition of penalties for the employer’s violation of Rule XVI(K). (See Claimant’s Hearing Exhibit 3).
The claimant appealed our order to the court and alleged, inter alia,
that the ALJ failed to impose personal liability on Long and Trapp. The claimant’s appeal was pending as of December 3, 2004, when the claimant requested additional penalties for the respondents’ failure to comply with the April 13 order.
In an order dated January 20, 2005 the ALJ found the respondents failed to comply with the April 13 order and rejected Long’s testimony that the employer was financially unable to comply. Therefore, the ALJ awarded additional compensation of $50,000 pursuant to § 8-43-408(4), attorney fees in an amount to be determined and imposed penalties at the rate of $250 per day under § 8-43-304(1).
On review of the January 20 order Long contends that at the commencement of the December hearing the ALJ granted her oral motion to dismiss Long and Trapp from the claim. Therefore, Long argues the ALJ erroneously imposed personal liability on Long and Trapp for the additional compensation, penalties and attorney fees awarded in the January order.
We note that Long has not provided a transcript of the December hearing. Consequently, the record is legally insufficient to support Long’s contention that the ALJ dismissed Long and Trapp from the claim See Elliott v. El Paso County, 860 P.2d 1363 (Colo. 1993); Hanna v. Print Expediters Inc., 77 P.3d 863 (Colo.App. 2003) (burden on appealing party to provide record sufficient to establish error). In any case, we conclude the ALJ did not impose personal liability on Long or Trapp.
Admittedly, the January 20 order refers to the “respondents” as Long and Etcetra. Further, the ALJ’s order requires payment by the “respondents” in one section and payment by the “respondent” in another section. However, the ALJ recognized that the April 13 order, as modified by the Panel, required “Etcetra” to pay the award of workers’ compensation benefits and penalties. (See Finding of Fact 2). Furthermore, nothing in the January 20 order suggests the ALJ reconsidered her previous finding that the claimant failed to “pierce the corporate veil” for purposes of imposing personal liability on Long and Trapp.
Therefore, in view of the ALJ’s prior order, we read the January 20 order as imposing sole liability for the additional compensation, attorney fees and penalties on the respondent-employer Etcetra unless and until the Court of Appeals modifies or reverses the April 13 order. Therefore, Long has failed to establish grounds for appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 20, 2005, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________ David Cain
___________________ Kathy E. Dean
Gina Gant, Pueblo West, CO, Etcetra d/b/a Kickers d/b/a Trappers End Zone, Pueblo West, CO, Sheri Long, Pueblo, CO, Pattie J. Ragland, Esq., Pueblo, CO, (For Claimant).
Kirk P. Brown, Esq., Pueblo, CO, (For Respondents Etcetra and Sheri Long) Darin Trapp, Pueblo, CO.