W.C. No. 4-002-881 4-108-183.Industrial Claim Appeals Office.
January 27, 2005.
ORDER OF REMAND
The claimant seeks review of a Supplemental Order of Administrative Law Judge Jones (ALJ) which denied the claim for permanent total disability (PTD) benefits. We remand the matter for completion of the record.
The ALJ found that the claimant failed to prove the alleged PTD was caused by the industrial injuries. In so doing the ALJ credited the testimony of vocational expert Zierk. The claimant argues that Zierk’s testimony is contrary to the order and supports a finding that the PTD was caused by the industrial injuries.
The claimant designated a transcript of all hearings. Zierk was called to testify by the claimant at the hearing held on September 19, 2003. However, the transcriptof that hearing does not contain Zierk’s testimony. Instead, the transcript states, “Whereupon, the following testimony of Mr. Zierk was requested and provided in an earlier transcript.” (Tr. September 19, 2003, P. 74). We have examined the entire record and find no transcript of Zierk’s testimony.
Under these circumstances, the matter must be remanded for completion of the record by inclusion of a transcript of Zierk’s testimony.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter may again be transmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________ David Cain
____________________ Robert M. Socolofsky
Jack Olinger, Berthoud, CO, Al A. Jerman, #53, EGG Rocky Flats, Inc., Golden, CO, Liberty Mutual Fire Insurance Company, Englewood, CO, Subsequent Injury Fund, Division of Workers’ Compensation — Michael A. Patrick, Esq., Berthoud, CO, (For Claimant).
Scott M. Busser, Esq., Denver, CO, (For Respondents).
Vincent E. Morscher, Esq., SIF/Civil Rights Employment Section, Denver, CO, (For Subsequent Injury Fund).