W.C. No. 4-309-761Industrial Claim Appeals Office.
August 12, 2002
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Mattoon (ALJ) which determined the claim is closed. We affirm.
The ALJ found the respondents admitted liability in this claim for a right upper extremity injury on March 1, 1996. Pursuant to the admission the claimant received temporary disability and medical benefits. On April 2, 1997 the respondents filed a Final Admission of Liability dated April 2, 1997, which terminated temporary disability benefits and admitted liability for permanent partial disability benefits. The ALJ found the Final Admission did not list the workers’ compensation number but contained a notice that the claimant’s failure to object within 60 days would automatically close the claim. The claimant did not object to the Final Admission.
The ALJ inferred from the claimant’s admission that she received payments for permanent partial disability benefits that the claimant received the Final Admission. Further, the ALJ determined the lack of a claim number on the Final Admission did not prevent the claimant from objecting to the admission. Therefore, the ALJ determined the claim automatically closed by operation of former § 8-43-203(2)(b)(II), C.R.S. 1996, and denied the requests for additional benefits.
On review, the claimant’s sole allegation is the “ALJ erred in finding that a Final Admission closed a nonexistent case.” However, the claimant has not filed a brief in support of the petition to review, nor has the claimant provided a transcript of the hearing on April 23, 2002. Consequently, the effectiveness of our review is severely restricted Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
We note the claimant’s Designation of Record includes the “complete Division of Workers’ Compensation file.” The record transmitted to us on appeal apparently does not include the complete Division of Workers’ Compensation file and our review is limited to the evidentiary record before the ALJ. There is no evidence in the record which tends to suggest the claimant requested the ALJ to consider the entire Division of Workers’ Compensation file as part of the evidentiary record for the hearing. See City of Boulder v. Dinsmore, 902 P.2d 925 (Colo.App. 1995); Rules of Procedure, Part VIII(A)(7), 7 Code Colo. Reg. 1101-3 at 22. Consequently, we have not obtained or considered the Division of Workers’ Compensation file, but restricted our review to the record made by the Division of Administrative Hearings.
Under § 8-43-301(8), C.R.S. 2001, we are precluded from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
It is the duty of the party asserting error to present a record demonstrating error. People v. Tippett, 733 P.2d 1183, 1194 (Colo. 1987). Here, the claimant has failed to provide us with a complete record and has not offered any legal authority for her contention the ALJ erroneously found the claim is closed. Under these circumstances, we are unable to conclude as a matter of law that the ALJ erred. Cf. Hock v. New York Life Ins. Co., 876 P.2d 1242, 1253 (Colo. 1994) (party not permitted to take advantage of his own failure to designate pertinent portions of the transcript as part of the record on appeal); Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988).
IT IS THEREFORE ORDERED that the ALJ’s order dated May 8, 2002, 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. 2001. 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 August 12, 2002 to the following parties:
Holly Reynolds, 3342 W Bijou St., Colorado Springs, CO 80904
MCI Service Marketing, 701 12th St. S., Arlington, VA 22202-4204
WorldCom Inc., Carolyn Allen, 1515 S. Federal HWY #400, Boca Rato, FL. 33432
Continenal Insurance Co., c/o CNA Insurance Co., 10333 E. Dry Creek Rd., Englewood, CO 80012
Gallagher Bassett Services, Inc., Amy Gerelick, PO Box 4068, Englewood, CO 80155
William A. Alexander Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For Claimant)
Kathleen Mowry Fairbanks, Esq., 999 18th St. Ste. 1600, Denver, CO 80202 (For Respondents)
BY: A. Hurtado