W.C. Nos. 4-363-904 and 4-382-906Industrial Claim Appeals Office.
July 8, 1999.
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Martinez (ALJ) which denied his claims for benefits in these consolidated workers’ compensation cases. We affirm.
The claimant filed two separate claims for benefits. W.C. No. 4-382-904 concerns an alleged injury to the claimant’s right foot. The ALJ’s order reflects the claimant withdrew this claim at the time of the hearing.
W.C. No. 4-363-906 concerns an alleged injury to the claimant’s left foot. The claimant testified that he injured his left foot on August 28, 1996, because he kept his foot in an awkward position while driving a bus. However, the ALJ found the claimant failed to prove a compensable injury. The ALJ determined the claimant’s testimony was not credible because the claimant failed to report the injury in a timely fashion, and because the alleged injury was not corroborated by other evidence. The ALJ also found the medical evidence concerning the cause of the claimant’s condition is equivocal, and the “only orthopedist who examined the claimant could not, in response to a direct question, offer an opinion to a reasonable degree of medical probability as to the cause of” the claimant’s condition.
The claimant did not file a brief in support of his petition to review, and the petition contains only general allegations of error. Further, the claimant failed to procure a transcript by tendering timely payment to the reporter. Section 8-43-301(2), C.R.S. 1998.
The question of whether the claimant proved a compensable injury is one of fact for determination by the ALJ. City of Durango v. Dunagan, 939 P.2d 496 (Colo.App. 1997). Consequently, we must uphold the ALJ’s denial of the claim if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 1998. Under this standard of review, assessment of the weight and credibility of the evidence of causation, including the opinions of the medical experts, are matters for the ALJ as fact-finder Rockwell International v. Turnbull, 802 P.2d 1182 (Colo.App. 1990).
Here, the claimant failed to procure a transcript. Consequently, we are bound to accept the ALJ’s findings of fact, including the finding that the claimant’s testimony is not credible. See Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Further, our review of the documents submitted at the hearing and the deposition testimony of Dr. Liotta supports the ALJ’s assessment of the medical evidence. Consequently, we find no error in the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 21, 1999, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed July 8, 1999 the following parties:
Mallory H. Pollok, 2150 College Pl., #18, Grand Junction, CO 81501
Pitkin County, 530 E. Main St., Ste. 201, Aspen, CO 81611-1948
Occupational Healthcare Mgmt. Serv., P.O. Box 173682, Denver, CO 80217-3682
David A. Price, Esq., P.O. Box 3177, Grand Junction, CO 81502 (For Respondents)
BY: A. Pendroy