IN THE MATTER OF THE CLAIM OF DENNIS J. NELSON, Claimant, v. HARDING LAWSON ASSOCIATES, AND/OR LAIDLAW ENVIRONMENTAL, Employers, and AMERICAN INSURANCE COMPANY C/O FIREMAN’S FUND INSURANCE COMPANIES AND/OR INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurers, Respondents.

W.C. Nos. 4-347-006 and 4-351-441 and 4-360-092Industrial Claim Appeals Office.
September 20, 1999.

ORDER OF REMAND

Respondent-employer Harding Lawson Associates, Inc., and its insurer, Fireman’s Fund Insurance Companies (Fireman’s respondents), seek review of an order of Administrative Law Judge Friend (ALJ), dated February 4, 1999. We remand the matter for completion of the record.

The ALJ’s order held the Fireman’s respondents liable for temporary disability and medical benefits. On review, the Fireman’s respondents dispute the validity of the ALJ’s findings of fact. A review of the ALJ’s order, the parties’ briefs, and the Petition to Review, indicates the ALJ held a hearing on December 19, 1998, and received transcripts of depositions of Dr. Maruyama and Dr. Greenberg. However, the record does not contain a transcript of the hearing or the transcripts of the depositions.

Under these circumstances, the matter must the remanded for completion of the record by inclusion of a transcript of the hearing and the depositions. The ALJ and the parties should also examine the record to insure it is otherwise complete. Once the record is complete the matter may be retransmitted for our review.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record. Once the record is complete the ALJ may retransmit the matter for our review.

INDUSTRIAL CLAIM APPEALS PANEL

____________________________________ David Cain
____________________________________ Bill Whitacre

Copies of this decision were mailed September 20, 1999 to the following parties:

Dennis J. Nelson, 2275 S. Linley Court, Denver, CO 80219

Harding Lawson and Associates, Inc., P.O. Box 578, Novato, CA 94948-0578

Laidlaw Environmental Services, P.O. Box 246, Commerce City, CO 80037

Laidlaw Environmental Services, c/o Safety-Kleen (GS), Inc., P.O. Box 140, Sukville, WI 53080

American Insurance Company, c/o Firemans Fund Insurance Companies, 7600 E. Eastman, Tamarac #3, Denver, CO 80231

Insurance Company of the State of Pennsylvania, c/o Crawford and Company, 12301 Wilshire Blvd., Los Angeles, CA 90025

Charles E. Withers, Esq., P.O. Box 4417, Boulder, CO 80306-4417 (For Claimant)

Margaret Keck, Esq., 1777 S. Harrison St., Ste. 1110, Denver, CO 80201

Richard K. Rediger, Esq., 7887 E. Belleview, Ste. 375, Englewood, CO 80111 (For Respondents)

BY: A. Pendroy

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