IN RE GARCIA, W.C. No. 4-405-023 (6/11/02)


IN THE MATTER OF THE CLAIM OF JAMES R. GARCIA, Claimant, v. SVEDALA PUMPS PROCESS, Employer, and ZURICH US, Insurer, Respondents.

W.C. No. 4-405-023Industrial Claim Appeals Office.
June 11, 2002.

ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Stuber (ALJ) dated April 7, 2000, which determined the claimant suffered a compensable injury and awarded medical benefits. We remand the matter for completion of the record.

Expressly crediting the medical opinions of Dr. McHugh and Dr. Simon and rejecting the contrary opinions of Dr. Ford, the ALJ determined the claimant suffered a work-related hearing loss. The respondents timely appealed and alleged, inter alia, that there is not substantial evidence in the record to support the ALJ’s finding of a causal relationship between the claimant’s hearing loss and the employment.

The record transmitted to us on appeal does not include the medical records of Dr. Simon and Dr. Ford and the only medical report of Dr. McHugh included in the record is dated February 21, 2000. Furthermore, the record does not contain the Respondents’ Exhibits P, Q, and R. Therefore, it is necessary to remand the matter for completion of the record.

IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record. Once the record has been completed, the matter may be retransmitted to us for review.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ David Cain
____________________________________ Kathy E. Dean

Copies of this decision were mailed June 11, 2002 to the following parties:

James Garcia, 4202 Shelley Ave., Colorado Springs, CO 80910

Svedala Pumps Process, P. O. Box 340, Colorado Springs, CO 80901

Kevin Krayna, Zurich U.S. P. O. Box 20048, Kansas City, MO 64195

William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)

Pattie J. Ragland, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents)

BY: A. Pendroy