W.C. No. 4-460-353Industrial Claim Appeals Office.
March 11, 2004
ORDER OF REMAND
The claimant and the respondents appeal an order of Administrative Law Judge Wheelock (ALJ Wheelock) dated October 15, 2001. The claimant and the respondents also appeal an order of Administrative Law Judge Mattoon (ALJ Mattoon) dated August 5, 2003. We remand the matter for completion of the record.
This matter was before us previously to review ALJ Wheelock’s order. In our order dated June 12, 2002, we determined ALJ Wheelock’s order was not final and reviewable, and dismissed the petitions to review without prejudice. Subsequently, the matter proceeded to hearing before ALJ Mattoon on July 17, 2003. Both parties petitioned to review ALJ Mattoon’s order. The claimant’s petition to review “designates for the record on review, all papers, pleadings and exhibits contained in the Division file, plus the transcripts of the September 28, 2001 hearing, and the July 17, 2003 hearing.”
The record transmitted for review does not contain the papers and pleadings associated with the hearing before ALJ Wheelock. Neither does the record contain the M-2 medical report and the Settlement Agreement, both of which were apparently admitted in evidence at the September 2001 hearing. (Tr. September 28, 2001, Pp. 37, 47). Because these documents were designated, the matter must be remanded for their inclusion in the record.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record by inclusion of the items set forth above. Once the record is complete, the matter shall be transmitted for our consideration of the pending petitions to review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Dona Halsey
Copies of this order were mailed to the parties at the addresses shown below on March 11, 2004 by A. Hurtado.
Lisa D. Norton, 3333 Starlight Dr., #17, Pueblo, CO 81005
Allegis Group/Maxim Healthcare, c/o Allegis Group, Inc./Onsite, 7312 Parkway Dr., 2nd floor, Hanover, MD 21076
Tanya Holmes, ITT Hartford, P. O. Box 221700, Denver, CO 80222
Michael W. Seckar, Esq., 402 W. 12th St., Pueblo, CO 81003 (For Claimant)
James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)