W.C. No. 4-301-805Industrial Claim Appeals Office.
June 26, 2002.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which denied and dismissed the claim for additional medical benefits. We affirm.
The ALJ dismissed the claim for additional medical treatment because he found the claimant failed to prove the need for treatment was caused by the 1996 industrial injury. The ALJ was persuaded by the testimony of the claimant’s treating physician that the need for treatment was more probably than not caused by activity which occurred after the industrial injury.
Both the claimant and his attorney filed petitions to review the ALJ’s order. However, these petitions contain only general allegations of error involving the sufficiency of the evidence and the ALJ’s application of the law to the findings of fact. The claimant did not file a brief in support of the petitions to review. Under these circumstances, the effectiveness of our review is limited.
The claimant was required to prove the need for additional treatment was caused by the industrial injury. Section 8-43-301(1)(c), C.R.S. 2001. The question of whether the claimant met the burden of proof is one of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000). Consequently, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2001. This standard of review requires that we defer to the ALJ’s resolution of conflicts in the evidence, credibility determinations, and plausible inferences drawn from the record. Wal-Mart Stores, Inc. v. Industrial Claims Office, 898 P.2d 251 (Colo.App. 1999).
We have reviewed the record and documents submitted into evidence. The ALJ’s findings of fact, including those concerning the testimony of the treating physician, are supported by substantial evidence. Neither did the ALJ incorrectly apply the law to the facts. Consequently, there is no basis to interfere with the order.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 5, 2001, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2001. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed June 26, 2002 to the following parties:
Sergio F. Oropeza, 4435 Tejon, Denver, CO 80211
Concrete Curb Paving, 8118 Midway Dr., Littleton, CO 80125-9716
Mid-Century Insurance Company, 7535 E. Hampden Ave., #200, Denver, CO 80231
Thomas J. Roberts, Esq., 940 Wadsworth Blvd., 4th floor, Lakewood, CO 80215 (For Claimant)
Christian M. Lind, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents)
By: A. Hurtado