W.C. No. 4-349-211Industrial Claim Appeals Office.
December 20, 2000
ORDER
The respondents seek review of orders of Administrative Law Judge Coughlin (ALJ Coughlin) and Administrative Law Judge Friend (ALJ Friend) which required them to pay temporary total disability benefits. The respondents contend ALJ Friend erroneously found the claimant proved a compensable injury. We remand the matter for further proceedings.
Based upon the evidence presented at a hearing on November 23, 1998, ALJ Friend determined the claimant suffered a compensable back injury on June 26, 1997. In an order dated December 7, 1998, ALJ Friend awarded temporary total disability benefits. However, ALJ Friend did not determine the claimant’s temporary disability rate. The respondents timely petitioned for review of the December 7 order.
In an order dated October 21, 1999, we concluded the December 7 was interlocutory and not ripe for review. Therefore, we dismissed the respondents’ petition to review without prejudice.
On June 19, 2000, the matter came before ALJ Coughlin on the issues of average weekly wage, permanent disability, and penalties. Pursuant to a stipulation, the ALJ determined the claimant’s average weekly wage, and on June 27, 2000, ALJ Coughlin ordered the respondents to pay temporary disability benefits based upon the stipulated average weekly wage. The respondents timely appealed ALJ Coughlin’s order.
On appeal, the respondents contend there is not substantial, credible evidence to support ALJ Friend’s finding of a compensable injury. The record transmitted to us on review does not contain a transcript from the November 23 hearing before ALJ Friend. Furthermore, the respondents’ Petition to Review ALJ Coughlin’s June order did not request a transcript. However, the record contains a letter from respondents counsel dated December 16, 1998, which requests preparation of the November 23 hearing transcript.
Under these circumstances, we are unable to ascertain whether the November 23 hearing transcript was part of the record before ALJ Coughlin. Consequently, we remand the matter to ALJ Coughlin to determine if the November 23 hearing transcript is part of the record on review. Once this is determined, the ALJ shall complete the record, if appropriate, and in any case, immediately retransmit the record to us for review of the respondents’ substantive arguments.
IT IS THEREFORE ORDERED that the matter is remanded to ALJ Coughlin for further proceedings consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
Copies of this decision were mailed December 20, 2000 to the following parties:
Stephanie Hickey, 1230 W. 6th Ave., Broomfield, CO 80020
Wal Mart Stores, Inc., 300 Waneka Pkwy., Lafayette, CO 80026-8823
Jennifer Van Oster, Claims Management, Inc., P. O. Box 3708, Bartlesville, OK 74006-3708
Insurance Company of the State of Pennsylvania, AIG Claim Services, P. O. Box 32130, Phoenix, AZ 85064
Jack Taussig, Esq., 1919 14th St., #805, Boulder, CO 80302 (For Claimant)
Richard A. Bovarnick, Esq. and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)
BY: A. Pendroy