W.C. Nos. 4-330-977 4-323-662.Industrial Claim Appeals Office.
October 9, 2002
ORDER OF REMAND
The respondent seeks review of a Corrected Order of Administrative Law Judge Wheelock (ALJ) dated December 19, 2001, which required the payment of benefits for permanent total disability and future medical benefits. We remand the matter for completion of the record.
On August 9, 2002, the Division of Administrative Hearings (Division) transmitted the record for our review. By letter dated October 1, 2002, we advised the parties that the ALJ’s Corrected Order, certain pleadings relevant to the respondent’s motion to depose Dr. Gamblin, the Motion for Recusal were not in the record. Therefore, we requested the parties provide copies of the foregoing documents along with a brief stipulation that the documents were part of the record before the ALJ.
In response, the respondent’s attorney deliver copies of the above described documents. However, the parties do not stipulate that the documents were part of the record before the ALJ. Furthermore, the respondents allege the record certified on appeal is missing pertinent pleadings filed prior to their Motion for Recusal, and they argue the pleadings are relevant to the issues on review
We are unable to ascertain the merit of the parties’ factual dispute concerning the contend of the record before the ALJ. Section 8-43-301(8), C.R.S. 2002. Consequently, it is necessary to remand the matter for completion of the record. Insofar as there is a dispute about what pleadings were part of the record before the ALJ, the parties should address those issues with the Division.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative of Hearings for completion of the record. Once the record has been completed the matter shall be immediately retransmitted for our review of the ALJ’s order dated December 19, 2001.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed October 9, 2002 to the following parties:
C. J. Harris, c/o Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940
John Diane Lyons Fourton d/b/a Silver Deer, Inc., 11 Elm Ave., Colorado Springs, CO 80906-3173
Kathleen Pennucci, Special Funds, Tower 2, #630, Division of Workers’ Compensation — Interagency Mail
Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Donna Dell’Olio, Esq. and Ian D. Kalmanowitz, Esq., 431 N. Cascade Ave., #1, Colorado Springs, CO 80903 (For Respondents)
BY: ____A. Hurtado____