W.C. No. 4-430-580.Industrial Claim Appeals Office.
June 4, 2002.
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) dated August 14, 2001, which awarded permanent partial disability benefits based on 5 percent whole person medical impairment. We remand the matter for completion of the record.
Relying on the deposition testimony of Dr. Lund, the ALJ found the respondents overcame the Division-sponsored independent medical examination (DIME) physician’s 16 percent whole person impairment rating. Further, the ALJ credited Dr. Lund’s opinions to award benefits based on 5 percent whole person medical impairment.
On review, the claimant contends, inter alia, there is not substantial evidence in the record to support the ALJ’s finding that the respondents overcame the DIME physician’s medical impairment rating.
Although Dr. Lund’s deposition was submitted to the ALJ for her consideration, the record transmitted to us on appeal does not include Dr. Lund’s deposition. (See Tr. p. 59, 68). Therefore, it is necessary to remand the matter for completion of the record by inclusion of the transcript.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record to include the deposition of Dr. Lund. Once the record has been completed, the matter may be retransmitted to us for review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
Copies of this decision were mailed June 4, 2002 to the following parties:
Kim Rivera, 645 Hawk Dr., Colorado Springs, CO 80903
Century Communications, _ Lynn Nield, Adelphia Communications, 2221 E. Bijou, #101, Colorado Springs, CO 80909
Sentry Insurance, P. O. Box 29466, Phoenix, AZ 85038
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
Craig R. Anderson, Esq., 101 N. Tejon, #410, Colorado Springs, CO 80903 (For Respondents)
BY: A. Hurtado