IN RE ROBEY, W.C. No. 4-385-183 (01/08/02)


IN THE MATTER OF THE CLAIM OF RUSSELL ROBEY, Claimant, v. JACK STERN a/k/a STERN PROPERTIES and/or MIKE EGAN KATHY EGAN d/b/a EXPRESS PERSONNEL, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY d/b/a PINNACOL ASSURANCE, Insurer, Respondents.

W.C. Nos. 4-385-183, 4-270-243Industrial Claim Appeals Office.
January 8, 2002

ORDER OF REMAND
The claimant seeks review of a Corrected Order issued by Administrative Law Judge Schulman (ALJ) on August 29, 2001. We remand the matter for completion of the record.

The claimant seeks review of the ALJ’s Corrected Order to the extent it determines that maximum medical improvement was not an issue for adjudication and denied a claim for penalties. In connection with the petition to review the claimant designated as part of the record transcripts of all four hearings, including the hearing held on September 28, 2000. However, our review indicates the record does not contain a transcript of the hearing held on September 28.

IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record by inclusion of a transcript of the hearing held on September 28, 2000. When the record is complete the matter may be retransmitted for our review.

INDUSTRIAL CLAIM APPEALS PANEL

________________________________ David Cain
________________________________ Robert M. Socolofsky

Copies of this decision were mailed January 8, 2002 to the following parties:

Russell Robey, David Koppold, 3008 13th Ave., Council Bluffs, IA 51501-5776

Jack Stern a/k/a Stern Properties, 5460 E. Kentucky Ave., Denver, CO 80246-2334

Mike Egan Kathy Egan d/b/a Express Personnel, 1135 8th Ave., Greeley, CO 80631

Curt Kriksciun, Esq., Colorado Compensation Insurance Authority d/b/a Pinnacol Assurance — Interagency Mail (For Stern Respondents)

Chris L. Ingold, Esq., 501 S. Cherry St., #500, Denver, CO 80246 (For Claimant)

Ronda K. Comings, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526

Lisa A. Simons, Esq., 600 17th St., #1600N, Denver, CO 80202 (For Egan Respondents).

BY: A. Pendroy