W.C. No. 4-536-685.Industrial Claim Appeals Office.
July 23, 2004.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Jones (ALJ) which denied and dismissed the claim for workers’ compensation benefits. The claimant argues the ALJ’s pertinent findings of fact are not supported by substantial evidence, and that he is entitled to medical benefits and penalties. We affirm.
On January 22, 2001, the claimant was involved in a work-related accident when the heavy equipment he was operating struck another vehicle. The claimant alleged that as a result of this accident, he developed right wrist pain, back pain and neck pain. The claimant also alleged that because the steering wheel struck his abdomen, he developed peritonitis in September 2002.
However, the ALJ found the claimant failed to prove the alleged injuries were caused by the January 2001 incident. In support of this determination, the ALJ found that, although the claimant treated for various symptoms for 14 months after the January 2001 accident, he did not attribute those symptoms to the alleged industrial injury until approximately March 2002. (See Report of Dr. Cabrera March 20, 2002; Finding of Fact 7). Instead, the claimant told his physicians that the symptoms were caused by non-industrial exposure to carbon monoxide in November and December 2000.
The ALJ also credited testimony of the claimant’s supervisor that the claimant did not appear to be injured at the time of the accident, and was continuing to operate equipment. The ALJ expressly discredited the claimant’s contrary testimony.
Finally, the ALJ credited the expert medical opinions of Dr. Ewing that the claimant’s condition is unrelated to the injury and the claimant suffers a non-industrial psychological disorder. The ALJ also credited the opinion of Dr. Jacobs, supported by the contents of a videotape, that the claimant’s alleged symptoms are the result of volitional conduct rather than the accident.
On review, the claimant contests the sufficiency of the evidence to support the ALJ’s findings of fact. However, the claimant failed timely to procure a transcript of the hearing.
The question of whether the claimant proved that the alleged symptoms and need for treatment were caused by an injury arising out of and in the course of employment was one of fact for determination by the ALJ. Consequently, we must uphold the ALJ’s order if supported by substantial evidence in the record. Section 8-43-301 (8), C.R.S. 2003; Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000).
This standard of review requires us to defer to the ALJ’s credibility determinations, resolution of conflicts in the evidence, and credible inferences drawn from the record. Cordova v. Industrial Claim Appeals Office, 55 P.3d 186 (Colo.App. 2002). Where, as here, the appealing party fails to procure a transcript, we must presume the ALJ’s findings concerning the testimony received at hearing are supported by substantial evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988). Further, the party asserting error has the burden to provide a record sufficient to demonstrate error, or the ALJ’s ruling will be presumed to be correct on appeal. Fleet v. Zwick, 994 P.2d 480
(Colo.App. 1999).
Here, the ALJ’s findings concerning the testimony at the hearing, as well as the documentary evidence contained in the record, support the ALJ’s conclusion that the claimant failed to prove any of the alleged medical conditions are causally-related to the industrial accident in January 2001. We may not reweigh the evidence and reach a different result, especially in a case such as this, where there is no transcript and the order is significantly based on the ALJ’s credibility determinations.
Because there is no basis on which to set aside the finding that the claimant failed to prove any compensable injury, we need not address the arguments concerning entitlement to medical benefits and penalties.
IT IS THEREFORE ORDERED that the ALJ’s order dated September 24, 2003, is affirmed.
INDUSTRIAL CLAIM APPEALS OFFICE.
__________________ David Cain
__________________ Dona Halsey
J.L. Holmes, Greeley, CO, Haag Sand Gravel, Loveland, CO, Legal Department, Pinnacol Assurance — Interagency Mail Bob L. Ring, Esq., Fort Collins, CO, (For Claimant).
Douglas P. Ruegsegger, Esq. and Michele Stark Carey, Esq., Denver, CO, (For Respondents).