W.C. No. 4-429-964Industrial Claim Appeals Office.
January 31, 2001
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which determined the claimant sustained a compensable injury, but denied medical benefits, temporary disability benefits, and assessed a penalty in the event the claimant is awarded compensation benefits. We affirm.
The ALJ found the claimant sustained a compensable injury when he fell at work on June 7, 1999. The ALJ determined the claimant procured unauthorized medical treatment for the injury between June 8 and June 23, 1999. The ALJ also found the claimant failed to prove that his need for treatment and temporary disability after June 23 were caused by the industrial injury. Consequently, the ALJ awarded no medical benefits and no temporary disability benefits. The ALJ also imposed a late reporting penalty under § 8-43-102(1)(a), C.R.S. 2000, in the event the claimant is ever awarded compensation benefits.
The claimant filed a petition to review citing general allegations of error concerning the sufficiency of the evidence and the correctness of the ALJ’s legal conclusions. The claimant failed to file a brief in support of the petition to review. Moreover, the claimant did not procure a transcript of the hearing. Under these circumstances, the effectiveness of our review is limited. Further, we must assume the ALJ’s findings of fact, insofar as they pertain to testimony at the hearing, are supported by substantial evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1998).
We have reviewed the ALJ’s order, as well as the documents and medical records which were submitted into evidence. In the absence of a transcript, and considering the documentary evidence, we conclude the ALJ’s findings of fact are supported by substantial evidence. Section 8-43-301(8), C.R.S. 2000. Further, the ALJ’s legal conclusions are in accordance with the applicable law. Consequently, the order must be affirmed.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 10, 2000, 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. 2000. 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, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed January 31, 2001 to the following parties:
Ignacio Prieto, 609 Ash St., Ft. Morgan, CO 80701
Deb Carlock, Workers’ Compensation Coordinator, Excel Corporation, C. S. 4100, Ft. Morgan, CO 80701
Suzan Hassebrook, Crawford Company, P. O. Box 6502, Englewood, CO 80155-6502
Tama L. Levine, Esq., 1515 Arapahoe St., Tower 3, #600, Denver, CO 80202 (For Respondent)
BY: A. Pendroy