W.C. No. 3-674-582Industrial Claim Appeals Office.
July 15, 1998
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Friend (ALJ Friend) dated May 20, 1997. We affirm.
The claimant sought workers’ compensation benefits in connection with an admitted injury on August 10, 1982. Following a hearing on May 15, 1997, ALJ Friend determined that the claimant failed to establish that she missed more than three days of work as a result of the injury. Therefore, ALJ Friend denied temporary disability benefits. ALJ Friend also found that the claimant did not suffer any permanent medical impairment from the injury. Consequently, ALJ Friend denied the claimant’s request for permanent partial disability benefits. Further, ALJ Friend determined that the claimant failed to establish grounds to assess penalties against the respondents or require the respondents to provide further medical benefits.
The claimant’s Petition to Review alleges ALJ Erickson presided over the hearing on May 15, 1997, and argues that she was prejudiced by ALJ Friend’s adjudication of the issues presented at that hearing. The claimant also argues that ALJ Friend erred in failing to award additional medical benefits, and erroneously failed to consider whether to “reopen” the claim.
The claimant has not filed a brief in support of her Petition to Review. Consequently, the effectiveness of our review is limited. See Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
ALJ Friend explicitly determined that the claim was not closed. See Conclusions of Law. Therefore, ALJ Friend did not err in refusing to consider whether to “reopen” the claim.
Further, the claimant has not provided a transcript of the May 15, 1997 hearing (§ 8-43-301(2), C.R.S. 1997; Rules of Procedure VII(C), 7 Code Colo. Reg. 1101-3 at 18-19 (appealing party is responsible to arrange for payment of the transcript), and the record does not support her assertion that ALJ Erickson presided over the May hearing.
Lastly, § 8-43-301(8), C.R.S. 1997, precludes us from disturbing an ALJ’s order unless the findings of fact are insufficient to permit appellate review, conflicts in the evidence are not resolved, the findings of fact are not supported by substantial evidence in the record, the findings of fact do not support the order, or the order is contrary to the law.
The findings of fact are sufficient to permit appellate review. See Boice v. Industrial Claim Appeals Office, 800 P.2d 1339 (Colo.App. 1990). Furthermore, the findings reflect that ALJ Friend resolved conflicts in the evidence against the claimant.
Because the record does not contain a transcript of the hearing, we must presume ALJ Friend’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). However, we note that the medical record also supports ALJ Friend’s determination that further treatment is not reasonably necessary to cure or relieve the effects of the industrial injury. Therefore, we are bound by ALJ Friend’s finding that the claimant failed to prove her entitlement to further medical benefits. Moreover, this finding supports the order denying further medical benefits, and the order is consistent with the applicable law See § 8-42-101 C.R.S. 1997; Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo.App. 1997).
IT IS THEREFORE ORDERED that ALJ Friend’s order dated May 20, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Robert M. Socolofsky
NOTICE This Order is final unless an action to modify or vacate thisOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, CO 80203, by filing a petition for review with thecourt, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20)days after the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed July 15, 1998 to the following parties:
JoAnn Maes, P.O. Box 114, Westminster, CO 80030-0114
Industrial Lease, 512 Potomac St., Apt. K, Aurora, CO 80011
Occidental Fire Casualty Co. of North Carolina, Attn: Clayton Jackson, 702 Overland Rd., Box 10800, Raleigh, NC 27605
Scott M. Busser, Esq., 300 S. Jackson St., Ste. 570, Denver, CO 80209 (For the Respondents)
BY: _______________________