W.C. No. 4-365-220.Industrial Claim Appeals Office.
September 4, 2003.
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Friend (ALJ Friend), dated March 10, 2003, insofar as it determined the claimant’s average weekly wage. We remand for clarification of the record.
On March 31, 2003, the claimant filed a petition to review ALJ Friend’s March 10 order. The claimant designated the record to include “all matters presented to and considered by the Administrative Law Judge to reach the order entered March 10, 2003, and mailed March 11, 2003, and the full transcript of the hearing held October 11, 2002, and December 13, 2002.” However, on May 1, 2003, ALJ Friend entered a Show Cause Order and Briefing Schedule. The show cause order states the claimant failed to pay for the transcripts and, unless the claimant could show good cause for an extension of time to make payment, the claimant’s opening brief would be due in 20 days.
Apparently, the claimant failed to show good cause and the matter was transmitted to us without transcripts of the hearings held in October and December 2002. However, the record contains numerous documents marked as exhibits, several depositions, and a transcript of a hearing held before ALJ Jones in March 2002. The record also reflects that there have been several hearings, and at least one prior order issued by ALJ Friend on November 22, 2002.
Under these circumstances, it is impossible to determine which, if any, of the numerous documents contained in the file “were presented to and considered by” ALJ Friend in connection with the March 10 order. Consequently, the matter is remanded to the ALJ for the purpose of entering an order identifying the documents considered as evidence, and which constitute the appellate record for purposes of reviewing the March 10 order. Once the record is clarified, the matter shall again be transmitted for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for clarification of the record in accordance with this order. Once the ALJ has entered an order clarifying the record, the matter shall again be transmitted for review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
Copies of this order were mailed to the parties at the addresses shown below on September 4, 2003 by A. Hurtado.
Tomas M. Gonzales, 710 Sherry Dr., Fort Collins, CO 80524
Blair Miller, Risk Management, City of Fort Collins, P. O. Box 580, Fort Collins, CO 80522
Greg Tempel, Esq., City of Fort Collins, P. O. Box 580, Fort Collins, CO 80522
Shirin Chowdhury, Occupational Healthcare Management Services, P. O. Box 173682, Denver, CO 80217-3682
Robert Fusinato, Safety National Casualty Corporation, 2043 Woodland Pkwy., #200, St. Louis, MO 63146
Subsequent Injury Fund, Tower 2, #500, Division of Workers’ Compensation — Interagency Mail
Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)
Kent N. Campbell, Esq., P. O. Box 2166, Fort Collins, CO 80522 (For Respondents)