W.C. No. 4-288-201Industrial Claim Appeals Office.
May 17, 2001
ORDER OF REMAND
This matter is before us to review an order of Administrative Law Judge Martinez (ALJ Martinez) dated July 1, 1999, and an order of Administrative Law Judge Gartland (ALJ Gartland) dated December 8, 2000. We remand the matter for completion of the record.
In an order dated November 30, 1999, we dismissed the respondents’ appeal from the order entered by ALJ Martinez because the order was interlocutory. The matter then proceeded to a hearing before ALJ Gartland, and her order awards specific medical benefits. The respondents now seek review of both orders.
A hearing was conducted before ALJ Martinez on March 9, 1999. Further, the briefs submitted by both parties refer to a transcript of that hearing. However, the file submitted for review does not contain a transcript of the March 9 hearing before ALJ Martinez. We presume a transcript of that hearing was designated as part of the record when the respondents filed the petition to review the July 1, 1999 order of ALJ Martinez.
Insofar as the March 9 hearing transcript was designated as part of the record in the respondents’ petition to review the July 1 order, it must be included in the record. Therefore, we must remand the matter to the Division of Administrative Hearings for completion of the record. In addition, the parties and the Division of Administrative Hearings shall insure that, prior to retransmission, the record includes all evidence and pleadings necessary for a complete review of the order of ALJ Martinez and the order of ALJ Gartland.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record by inclusion of a transcript of the hearing held before ALJ Martinez on March 9, 1999, and any other documents necessary to complete the record on appeal. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed May 17, 2001 to the following parties:
Diana L. Garner, 440 County Road 232, #4, Durango, CO 81301
Yolanda Duran, Town of Ignacio, P. O. Box 459, Ignacio, CO 81137-0459
Colorado Intergovernmental Risk Sharing Agency, Marla Myers, CIRSA, 950 S. Cherry St., #800, Denver, CO 80222
Gail C. Harriss, Esq., 572 E. 3rd Ave., Durango, CO 81301 (For Claimant)
Gregory K. Chambers, Esq., 3900 E. Mexico Ave., #1300, Denver, CO 80210 (For Respondents)
BY: A. Pendroy