W.C. No. 4-578-995.Industrial Claim Appeals Office.
June 7, 2004.
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which denied and dismissed the claim for workers’ compensation benefits. We affirm.
The claimant alleged she injured her back on April 8, 2003, while lifting a patient. However, the ALJ found the claimant’s testimony was not credible because the claimant did not report the injury before being terminated from employment on April 13, 2003. Neither did the claimant file a claim for workers’ compensation benefits until after her claim for unemployment compensation benefits was denied. Finally, the claimant did not appear to be injured at the time she was terminated and did not seek medical attention until May 23, 2003, when she was released to work without restrictions. Under these circumstances, the ALJ concluded the claimant failed to prove a compensable injury.
The claimant filed a timely petition to review, and she later requested a transcript of the hearing. The petition cites only general allegations of error concerning the sufficiency of the evidence and the correctness of the ALJ’s legal conclusions. The claimant failed to pay for the transcript in a timely fashion, and on February 13, 2004, the ALJ determined that the request for transcript was withdrawn. The claimant did not file a brief in support of the petition to review. Consequently, the effectiveness of our review is limited.
The claimant has the burden of proof to establish that she sustained an injury arising out of and in the course of her employment. Section 8-41-301(1)(c), C.R.S. 2003. The question of whether the claimant met the burden of proof is one of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000).
Because the issue is factual in nature, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2003. This standard of review requires us to defer to the ALJ’s resolution of conflicts in the evidence, credibility determinations, and plausible inferences drawn from the record. Cordova v. Industrial Claim Appeals Office, 55 P.3d 186 (Colo.App. 2002). Further, when the appealing party fails to procure a transcript we must presume the ALJ’s findings concerning the testimony are supported by substantial evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988).
The ALJ’s order reflects a correct understanding of the law including the applicable burden of proof. In the absence of a transcript we presume the ALJ’s findings concerning the testimony, including the evidence bearing on the claimant’s credibility, are supported by the record. Further, the ALJ’s findings concerning the documentary evidence are supported. Consequently, there is no basis to interfere with the order.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 2, 2003, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Martha Ramirez, Denver, CO.
Parkview Care Center, c/o Parkman Enterprises, Inc., Denver, CO.
Zach Nicol, American Compensation Insurance Company, P.O. Minneapolis, MN.
Douglas A. Thomas, Esq., CO, (For Respondents).