W.C. No. 4-179-628Industrial Claim Appeals Office.
September 18, 1998
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) dated August 21, 1997. We remand for completion of the record.
The ALJ denied the claimant’s request for medical benefits based upon her determination the claimant reached maximum medical improvement (MMI). In so doing the ALJ credited the opinions of Dr. Lilly and Dr. Roth. In fact, the ALJ gave great weight to Dr. Lilly’s deposition testimony. However, Dr. Lilly’s deposition is not contained in the record transmitted to us for review. Under these circumstances, the matter must be remanded to the ALJ for completion of the record to include Dr. Lilly’s deposition.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record, and retransmission for review once the record is complete.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Robert M. Socolofsky
Copies of this decision were mailed September 18, 1998 to the following parties:
Joseph L. Quintana, P.O. Box 152, Ft. Garland, CO 81133
Battle Mountain Gold, 333 Clay St., Flr. 42, Houston, TX 77002-4000
Pacific Employers Insurance Co., P.O. Box 2941, Greenwood Village, CO 80150-0141
Anita Fresquez-Montoya, Cigna Property Casualty, P.O. Box 2941, Greenwood Village, CO 80150-0141
Carol Finley, Esq., 111 So. Tejon St., Ste. 700, Colorado Springs, CO 80903 (For the Respondents)
Dale A. Gerlach, Esq., P.O. Box 636, Colorado Springs, CO 80901 (For the Claimant)
BY: _______________________