W.C. No. 4-374-287Industrial Claim Appeals Office.
October 20, 2000
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Wheelock (ALJ Wheelock) which awarded medical benefits and temporary disability benefits. The respondents argue substantial evidence does not support the ALJ’s determination that the claimant’s herniated disc was caused by a work-related injury on March 10, 1998. We remand the matter for completion of the record.
The evidence in this case was taken at two hearings. The first hearing occurred on November 20, 1998, and was conducted by ALJ Wells. The second hearing was conducted by ALJ Wheelock on September 9, 1999. In the order dated October 19, 1999, ALJ Wheelock stated that she reviewed a transcript of the hearing before ALJ Wells, and a copy of the transcript is contained in the record.
However, the transcript of the November 20 hearing is incomplete because several pages are missing. Specifically, pages 3, 6, 27, 29-30, 46, and 49 are absent. Section 8-43-213 (2), C.R.S. 2000, provides that: “For purposes of a petition to review, the transcript shall be all testimony taken which is relevant to the issue being appealed.” Here, the transcript of the November 20 hearing is incomplete, and the matter must be remanded for completion of the record by inclusion of the missing pages.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record by inclusion of the pages missing from the transcript of the November 20, 1998, hearing. Once the record is complete, the matter shall be retransmitted for our consideration of the respondents’ petition to review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Dona Halsey
Copies of this decision were mailed October 20, 2000 to the following parties:
Patricia K. Reddick, 1095 Western Dr., Colorado Springs, CO 80915
Wal-Mart Associates, Inc., 4200 Dillon Dr., Pueblo, CO 81008-2113
Insurance Company of the State of Pennsylvania, AIG Claim Services, P. O. Box 32130, Phoenix, AZ 85064
Karen Goad, Claims Management, Inc., P. O. Box 3708, Bartlesville, OK 74006-4708
William C. Jolliffe, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Richard A. Bovarnick, Esq., and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents)
BY: A. Pendroy