IN RE RAMOS, W.C. No. 4-467-734 (10/4/02)


IN THE MATTER OF THE CLAIM OF PETE RAMOS, Claimant, v. SEARS LOGISTICS SERVICES, Employer, and LIBERTY MUTUAL INSURANCE, Insurer, Respondents.

W.C. No. 4-467-734Industrial Claim Appeals Office.
October 4, 2002

ORDER OF REMAND
This matter has been transmitted for review of an order of Administrative Law Judge Stuber (ALJ) dated August 16, 2001. We remand the matter for completion of the record.

Based upon the evidence presented at a hearing on August 9, 2001, the ALL awarded medical impairment benefits for 14 percent impairment of the arm at the shoulder, 5 percent mental impairment and impairment to the shoulder and neck. The respondents timely appealed. The respondents’ Petition to Review alleged the record is legally insufficient to support the ALL’s findings of fact and designated the August 9, 2001 hearing transcript as part of the appellate record.

The record transmitted to us on review does not contain the August 9 hearing transcript. Consequently, it is necessary to remand the matter for completion of the record.

IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record to include the August 9, 2001 hearing transcript.

INDUSTRIAL CLAIM APPEALS PANEL

_________________________________ David Cain
____________________________________ Kathy E. Dean

Copies of this decision were mailed October 4, 2002 to the following parties:

Pete Ramos, 3435 S. Ammons St., Bldg. #30-1, Lakewood, CO 80227

Sears Logistics Services, 1701 W. 6th Ave., Denver, CO 80204-4902

Rita Allen, Liberty Mutual Insurance, P. O. Box 168208, Irving, TX 75016-8205

John A. Sbarbaro, Esq., 226 W. 12th Ave., Denver, CO 80204-3625 (For Claimant)

David G. Kroll, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For Respondents)

BY: ____A. Hurtado_____