W.C. No. 4-546-779Industrial Claim Appeals Office.
December 19, 2003
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Harr (ALJ) which determined the claimant failed to prove a compensable injury and, therefore, denied and dismissed the claim for workers’ compensation benefits. We affirm.
The claimant sought workers’ compensation benefits in connection with injuries he sustained on July 3, 2002, during an assault by the owner of AJM Framers Inc. On conflicting evidence the ALJ found that on July 2, 2002, the employer decided to terminate the claimant’s employment as a punch carpenter based on the employer’s belief the claimant had caused problems on the job site. The ALJ also found that at approximately 7:30 a.m. on July 3 the employer notified the claimant that he was fired and instructed the claimant to pick up his tools and leave the job site. Despite the termination the claimant remained on the job site and ignored repeated requests to leave, until approximately 9:30 a.m. when he was assaulted by the owner.
The ALJ determined the claimant failed to prove the assault occurred within a reasonable time after his employment was terminated or while the claimant was collecting his tools, his paychecks or his clothing. Under these circumstances the ALJ determined the claimant failed to prove the injuries occurred in the course and scope of employment.
The claimant’s Petition to Review contains general allegations of error. See § 8-43-301(8), C.R.S. 2003. Further, the claimant has not filed a brief in support of the petition to review. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
Initially, we note that the claimant’s designation of record includes the “entire file” maintained by the Division of Workers’ Compensation. The record transmitted to us on appeal apparently does not include the complete Division of Workers’ Compensation file. Further, our review is limited to the evidentiary record before the ALJ, and 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)(6), 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 at the hearing.
Under § 8-43-301(8), C.R.S. 2003, we may not disturb 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.
To prove a compensable injury the claimant is required to prove that the injuries arose out of and in the course of the employment. Section 8-41-301(1)(c), C.R.S. 2003; Madden v. Mountain West Fabricators, 977 P.2d 861 (Colo. 1999). These requirements are satisfied when it is shown that the injury occurred within the time and place limits of the employment relationship and during an activity that had some connection with the employee’s job-related functions. Popovich v. Irlando, 811 P.2d 379, 383 (Colo. 1991). As found by the ALJ, the act of discharging an employee is an integral part of the employment and “employment” includes a reasonable period of time after termination. Accordingly, injuries sustained by an employee while leaving the premises, collecting pay, or gathering clothing or tools have been held to occur in the course of employment. Alpine Roofing Co. v. Dalton, 36 Colo. 315, 539 P.2d 487 (Colo.App. 1975); A. Larson, Larson’s Workers’ Compensation Law, § 26.00 (2002).
The question of whether the claimant proved his injuries arose out of and in the course of the employment is one of fact for determination by the ALJ. Wal-Mart Stores, Inc. v. Industrial Claim Appeals Office, 989 P.2d 251 (Colo.App. 1999). Consequently, we must uphold the ALJ’s determination if supported by substantial evidence and plausible inferences drawn from the record. Section 8-43-301(8). Under this standard, we must defer to the ALJ’s credibility determinations, his resolution of conflicts in the evidence, and his assessment of the sufficiency and probative weight of the evidence. Arenas v. Industrial Claim Appeals Office, 8 P.3d 558 (Colo.App. 2000); Rockwell International v. Turnbull, 802 P.2d 1182 (Colo.App. 1990).
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and the findings indicate that the ALJ resolved conflicts in the evidence based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489
(Colo.App. 1992). Further, the ALJ’s findings are supported by substantial evidence in the record and the findings support the conclusion the claimant failed to prove his injuries arose out of and in the course of the employment relationship. See Alpine Roofing Co. v. Dalton, supra. Therefore, the ALJ did not err in denying the claim.
IT IS THEREFORE ORDERED that the ALJ’s order dated February 10, 2003, 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. 2003. 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 order were mailed to the parties at the addresses shown below on December 19, 2003 by A. Hurtado.
Raul Rios, c/o Clara Romero, Esq., 745 Federal Blvd., Denver, CO 80204
AJM Framers, Inc., 8 Inverness Dr. East, #250, Englewood, CO 80112
Legal Department, Pinnacol Assurance — Interagency Mail Clara Romero, Esq., Kris Gomez, Esq., and Rose Cohen, Esq., 745 Federal Blvd., Denver, CO 80204 (For Claimant)
Merrily S. Archer, Esq. and Amanda A. Mitchell, Esq., 1625 Broadway, #2300, Denver, CO 80202 (For Respondents)