W.C. No. 3-875-334Industrial Claim Appeals Office.
March 12, 2001
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Snider (ALJ) which determined the respondent paid all workers’ compensation benefits owed the claimant, and denied the request for additional benefits. We affirm.
The claimant suffered a work-related injury on February 26, 1987. The respondent admitted liability for temporary total disability benefits commencing September 1, 1987. On February 1, 1988, the respondent asserted an offset in the amount of $38.54 per week for social security disability benefits (SSDI) awarded to the claimant. The claimant reached maximum medical improvement on December 21, 1998, and was awarded permanent total disability benefits subject to the SSDI offset.
The SSDI ceased March 1, 2000, when the claimant reached age 65. The respondent filed a Final Admission of Liability which erroneously stated $25.69 per week was added to the claimant’s weekly permanent total disability benefit because SSDI had ended. The Final Admission also listed an overpayment of temporary total disability benefits in the amount of $7,740.78, to be credited against the respondent’s liability for permanent total disability benefits.
The ALJ found that despite the erroneous Final Admission, the respondent had paid the correct amount of permanent total disability benefits. The ALJ also found that the actual overpayment was $10,674.27. The ALJ’s findings were based upon the testimony of the respondent’s adjuster, Helen Russell, at a hearing on November 15, 2000. Further, the ALJ determined the claimant failed to present any persuasive evidence that Ms. Russell’s calculations were wrong. Under these circumstances, the ALJ determined the claimant has received the correct amount of workers’ compensation benefits owed to her for temporary and permanent disability, and denied the claim for additional benefits. The claimant timely appealed.
Our authority to review the ALJ’s order is defined in §8-43-301(8), C.R.S. 2000. That statute precludes us from disturbing the order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
On appeal the claimant requests permission to “show incorrect amounts filed on injury report and all admissions.” The claimant also requests an “itemized statement on [her] account” from Occupational Healthcare Management (OHM). However, she does not allege any specific error by the ALJ, and we do not perceive any basis for disturbing the ALJ’s order. The ALJ’s findings are sufficient to permit review, and the findings indicate that the ALJ resolved conflicts in the evidence based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992). Furthermore, the claimant has not provided a transcript of the November 15 hearing. Under these circumstances, we must presume 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, the findings support the order, and the order is consistent with the applicable law.
Finally, our review is limited to the record before the ALJ, and parties are expected to present all their evidence at the scheduled hearing. Frank v. Industrial Commission, 96 Colo. 364, 43 P.2d 158 (1935); City of Boulder v. Dinsmore, 902 P.2d 925
(Colo.App. 1995). There is no indication in the record that the claimant was precluded at the hearing from presenting evidence of “incorrect amounts” paid by the respondent. Consequently we may not consider the additional evidence attached to the claimant’s appellate brief, nor is there any basis for ordering a new hearing to allow the claimant to present such evidence. Similarly, insofar as the claimant seeks an itemized statement of her account with OHM, we have no authority to grant that request. Rather, the claimant should make that request directly to OHM.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 13, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed March 12, 2001 to the following parties:
Thelma Lebsack, 724 W. 4th St., Loveland, CO 80537-5310
Barbara Swanson, Thompson School District, 535 Douglas Ave., Loveland, CO 80537
Tod Walkington, Northern Colorado School District, 4100 E. Mississippi Ave., #1500, Denver, CO 80246
Helen Russell, OHMS, P. O. Box 173682, Denver, CO 80217-3682
Patricia Jean Clisham, Esq., 1200 17th St., #1700, Denver, CO 80202 (For Respondent)
BY: A. Pendroy