W.C. No. 4-216-892Industrial Claim Appeals Office.
November 7, 1996
FINAL ORDER
The non-insured respondent seeks review of a final order of Administrative Law Judge Stuber (ALJ) insofar as it awarded temporary total disability benefits. We affirm.
In an order dated August 29, 1996, the ALJ found that the parties stipulated that the claimant “was entitled to temporary total disability at the rate of $470 per week for all periods admitted on the March 14, 1996 final admission of liability, minus any amounts already admitted and paid to claimant.” Pursuant to this admission, the ALJ determined that the respondent owed a total of $22,090 for temporary total disability, and that the respondent had paid only $17,425.40. Therefore, the ALJ found that the claimant is owed $4,664.60 for temporary total disability benefits.
It is not entirely clear, but the respondent appears to argue on appeal that it paid the claimant the full amount of benefits, but erroneously withheld income taxes which were paid to the IRS. The respondent asserts the claimant can recoup the money from the IRS, and therefore, the claimant has been overpaid temporary total disability benefits. The respondent seeks credit for this “overpayment.” The respondent also appears to dispute the periods for which temporary total disability benefits were awarded.
The respondent failed to order a copy of the transcript. Therefore, we must presume that the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, we may not consider evidence which the respondent attached to its brief, especially since we have no way of knowing whether such evidence was submitted to the ALJ See Subsequent Injury Fund v. Gallegos, 746 P.2d 71
(Colo.App. 1987).
The ALJ expressly found that the parties stipulated to the rate of temporary total disability benefits, and the periods for which such benefits were owed. Without a record, we have no basis for disputing the ALJ’s findings concerning the parties’ stipulation, or his determination of the amount of benefits which the respondent paid to the claimant. Therefore, we have no basis for interfering with the ALJ’s order. Should it later be discovered that the ALJ’s calculations were in error, the respondent may seek to reopen the claim to correct the award of benefits.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 29, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
_____________________________________ David Cain
_____________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify orvacate the Order is commenced in the Colorado Court of Appeals, 2East 14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of the petitionupon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed,pursuant to §§ 8-43-301(1) and 307, C.R.S. (1996 Cum.Supp.).
Copies of this order were mailed November 7, 1996 to the following parties:
Gary Lawson, Sr., 8600 Glen Myrtle Ave., Apt. 811, Norfolk, VA 23505
Ed Gallegos, Colorado Custom Door, Inc., 2826 Zuni St., Denver, CO 80211-4319
Dale R. Hendrickson, Esq., 1450 S. Havana St., #304, Aurora, CO 80012 (For Claimant)
Employer Compliance Unit, Attn: Rebecca Greben — Interagency Mail
By: ___________________________________________________