W.C. No. 4-534-348Industrial Claim Appeals Office.
April 3, 2003
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Muramoto (ALJ) which denied and dismissed the claim for workers’ compensation benefits. We affirm.
The claimant alleged he sustained a back injury on November 1, 2001, when lifting a radiator. However, the ALJ found the claimant’s testimony was not credible because it was contradicted by the medical records and the testimony of the employer.
The claimant filed a petition to review containing general allegations of error. The claimant failed to file a brief in support of the petition to review. Under these circumstances, the effectiveness of our review is extremely limited.
The claimant had the burden of proof to establish that he sustained an injury proximately caused by an injury arising out of and in the course of employment. Section 8-41-301(1)(c), C.R.S. 2002. The question of whether the claimant met the burden of proof is one of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000). Because the issue is factual, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2002. This standard of review requires us to defer to the ALJ’s resolution of conflicts in the evidence, credibility determinations, and plausible inferences drawn from the record. Cordova v. Industrial Claim Appeals Office, 55 P.3d 186
(Colo.App. 2002).
We have reviewed the transcript of the hearing and the documentary evidence submitted by the parties. The record contains substantial evidence to support the ALJ’s findings of fact, and there is no basis to interfere with the ALJ’s credibility determinations or the inferences which the ALJ drew from the record. Consequently, the order must be upheld.
IT IS THEREFORE ORDERED that the ALJ’s order dated September 16, 2002, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Robert M. Socolofsky
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. 2002. 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 Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed April 3, 2003 to the following parties:
Pascual Rodriguez, 1245 E. Lincoln, #613, Ft. Collins, CO 80524
Dean and Deborah Hoag, Rocky Mountain Battery, 1475 N. College Ave., Ft. Collins, CO 80524-1215
Mid-Century Insurance Company, c/o Scott Barclay, Farmers Insurance Group, 7535 E. Hampden Ave., #300, Denver, CO 80231-4842
Bob L. Ring, Esq., 2550 Stover St., Bldg. C, Ft. Collins, CO 80525 (For Claimant)
Douglas L. Stratton, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526-6316 (For Respondents)
By: A. Hurtado