W.C. No. 4-431-755Industrial Claim Appeals Office.
December 1, 2003
ORDER OF REMAND
The respondent filed a petition to review the order of Administrative Law Judge Henk (ALJ) dated March 24, 2003, and has filed a motion to remand the matter for completion of the record. We remand for further proceedings.
On April 4, 2003, the respondent petitioned for review of the ALJ’s order which awarded medical benefits. The respondent designated the January 7, 2003 hearing transcript as part of the record on review.
Apparently the entire hearing record was not transmitted for transcription. Therefore, on May 30, 2003, a Prehearing ALJ granted the parties’ stipulation to vacate the briefing schedule dated May 27, 2003, and delay the briefing schedule until the hearing transcript was completed. The record does not show that a new briefing schedule was issued, but the matter was transmitted to us for review on November 17, 2003, with a handwritten notation that no briefs were filed.
IT IS THEREFORE ORDERED that the respondent’s motion is granted. The matter is remanded to the Division of Administrative Hearings to establish a new briefing schedule when the entire January 7, 2003 hearing transcript is contained in the record. When the briefs have been filed or the time for filing briefs has expired under the new briefing schedule, the ALJ shall proceed in accordance with § 8-43-301(4), C.R.S. 2003.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy Dean
______________________________ Bill Whitacre
Copies of this order were mailed to the parties at the addresses shown below on December 1, 2003 by A. Hurtado.
Catarina Pascual, 19741 Highway 34, #0, Fort Morgan, CO 80701
Shane Cornell, Excel Corporation, 1505 E. Burlington Ave., C. S. 4100, Fort Morgan, CO 80701
Margaret Johnson, Crawford and Company, 2850 McClelland Dr., #1600, Fort Collins, CO 80525-2584
Barbara J. Furutani, Esq., 1732 Race St., Denver, CO 80206 (For Claimant)
Kathleen Mowry Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondent)