W.C. No. 4-211-140Industrial Claim Appeals Office.
April 9, 1996
This matter is before us pursuant to the respondents’ Petition to Review an order of Administrative Law Judge Gandy (ALJ) dated December 13, 1995. We remand the case for completion of the record.
The ALJ determined that the claimant’s temporary disability benefits should not be suspended based on the claimant’s “intervening” pregnancy. In support of this determination, the ALJ cited a medical reports of Dr. Schenk dated February 24, 1995, and September 15, 1995. Neither of these reports is included in the record.
Under these circumstances, it is impossible to resolve the respondents’ appeal or the claimant’s contention that we should award attorney fees for a frivolous appeal. Consequently, we remand the matter for completion of the record by inclusion of the missing reports, as well as any other evidence which the ALJ may have considered in connection with the order. The ALJ and the parties should insure the record is complete before the matter is retransmitted.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record. Upon finalization of the record, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
Copies of this decision were mailed April 9, 1996 to the following parties:
Michelle Mercado-Valla, 6311 Windsor Castle, Apt. D2, San Antonio, TX 78218
Inventory Auditors, 1600 N. College Ave., Ft. Collins, CO 80624-1219
Colorado Compensation Insurance Authority, Attn: Brandee DeFalco, Esq. (Interagency Mail)
Pete McGuire, Esq., 1225 17th St., Ste. 2800, Denver, CO 80202-5528 (For the Respondents)
Richard K. Blundell, Esq., 800 8th Ave., Ste. 202, Greeley, CO 80631 (For the Claimant)
By: _______________________