W.C. No. 4-421-759.Industrial Claim Appeals Office.
September 24, 2003.
ORDER OF REMAND
The claimant and respondents seek review of an order of Administrative Law Judge Mattoon (ALJ). We remand for clarification and completion of the record.
The ALJ’s order dated February 18, 2003, was entered, at least in part, in response to our order dated September 16, 2002. Our order held the ALJ had jurisdiction to consider the issue of maximum medical improvement and directed the ALJ to assess penalties for the violation of a rule of procedure.
The matter proceeded to hearing on January 16, 2003. The index to the transcript of the January 16 hearing states, “Rule VIII documents were submitted by both counsel.” Our review of the transcript does not reflect any discussion concerning the admission of documentary evidence. However, the record does contain seventeen indexed and tabbed items which are marked as “Claimant’s Exhibits For Submission.” We are unable to find any similar documents submitted by the respondents. The record does contain the Respondents’ Position Statement, to which the respondents attached a copy of the transcript from the November 16, 2001, hearing. It is not clear whether this transcript constituted the totality of documents submitted by the respondents. The record also contains the Respondents’ Position Statement After Hearing, to which certain pleadings are attached. It is unclear whether these documents were intended as evidence, and whether they were considered as evidence by the ALJ.
Under these circumstances, the matter must be remanded for completion and clarification of the record. If the respondents submitted documentary evidence, and the ALJ accepted such evidence as part of the record, the documents should be included in the record and the file transmitted for our review. If the respondents did not submit any evidence, the ALJ should so indicate and transmit the matter for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for clarification and completion of the record. Once the record is complete, the matter shall be transmitted to us for review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this order were mailed to the parties at the addresses shown below on September 24, 2003 by A. Hurtado.
Marie Pacheco, 2503 Cheyenne, Pueblo, CO 81003
Angelo Patti, Patti’s Inc., P. O. Box 101621, Denver, CO 80250
Mid Century Insurance Co., Kay Rakow CR, 7535 E. Hampden Ave., #300, Denver, CO 80231
Lawrence D. Saunders, Esq., 125 W. “B” St., Pueblo, CO 81003 (For Claimant)
Chris Forsyth, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents)