W.C. No. 4-320-958Industrial Claim Appeals Office.
October 21, 1998
FINAL ORDER
The claimant filed a Petition to Review an order of Administrative Law Judge Wells (ALJ) dated August 27, 1998. We affirm.
On March 7, 1997, the claimant suffered admitted injuries to his right elbow and right shoulder. The injuries were treated at Emergicare by Dr. Martinek, Dr. O’Brien, Dr. Stone, Dr. Rensch and Daniel Brimm, a physician’s assistant. On his own, the claimant obtained further treatment from Dr. Higginbotham.
The claimant argues that the industrial accident also caused injuries to his neck, back, right hip and knees. In support, the claimant relies upon Dr. Higginbotham’s reports.
The ALJ found that the claimant did not report neck, back, hip and knee pain to the physicians at Emergicare until April 8, 1997. Further, the ALJ credited the Emergicare records to find that the claimant failed to sustain his burden to prove a causal connection between the disputed injuries and the industrial accident. Therefore, the ALJ denied the claim for benefits due to neck, back, right hip and knee problems.
On review, the claimant argues the ALJ erroneously found that his neck, back, hip and knees problems are not attributable to the industrial accident. However, the claimant’s Brief in Support of the Petition to Review, also states that:
“This Petition to Review is, in reality, a Motion to Reconsider. The question presented is purely factual in nature. There is no reason for the Industrial Claim Appeals Panel to reverse the Administrative Law Judge’s factual determination. This Petition is submitted to the Administrative Law Judge to urge him to reconsider his Order dated August 27, 1998.”
Upon review of the Motion, the ALJ declined to issue supplemental order, and transmitted the matter to us for review.
In view of the claimant’s explicit concession that there are no grounds which afford us a basis to reverse the ALJ’s order, the claimant’s appellate argument is moot and the ALJ’s order will be affirmed. See § 8-43-301(8), C.R.S. 1998; Duran v. Industrial Claim Appeals Office, 883 P.2d 477 (Colo. 1994). Furthermore, we note that under these circumstances, the Petition to Review could have been withdrawn as provided by Rule VII(F), Code Colo. Reg. 1101-3 at 20.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 27, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
__________________________________ Kathy E. Dean
__________________________________ Dona Halsey
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. 1998.
Copies of this decision were mailed October 21, 1998 to the following parties:
Michael J. Oakley, 2310 N. Cooper, Colorado Springs, CO 80907
NYCO, Inc., P. O. Box 1395, Englewood, CO 80150-1395
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority — Interagency Mail
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For Claimant)
Thomas Stern, Esq., 1700 Broadway, #1700, Denver, CO 80290-1701 (For Respondents)
BY: _______________________