W.C. No. 4-234-553Industrial Claim Appeals Office.
October 28, 1998
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which denied his request for temporary disability benefits. We affirm.
The ALJ’s pertinent findings of fact may be summarized as follows. On September 26, 1994, the claimant sustained an occupational disease caused by the extensive kneeling required of his job as a tile layer for the respondent-employer. On December 14, 1994, the claimant underwent knee surgery which improved his condition. The claimant returned to work for the respondent-employer on February 20, 1995, and continued to perform job duties which required extensive kneeling. The claimant’s condition gradually worsened, and commencing November 1996, the claimant was temporarily totally disabled from his regular employment.
The ALJ found that effective February 27, 1995, the Colorado Compensation Insurance Authority (CCIA) was no longer the respondent-employer’s insurer. Furthermore, the ALJ found that the claimant’s temporary disability is the result of a substantial, permanent aggravation which occurred after February 27, 1995, or a new occupational disease. Therefore, the ALJ denied the claim for temporary disability benefits against these respondents.
The claimant’s Petition to Review alleges that the ALJ failed to resolve conflicts in the evidence and that the ALJ’s findings are not supported by the evidence. Further, the claimant contends the ALJ did not properly evaluate the evidence presented. However, the claimant has not filed a brief in support of the Petition. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
We must uphold the ALJ’s findings of fact if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 1998; F.R. Orr Construction v. Rinta, 717 P.2d 965 (Colo.App. 1985). Under the substantial evidence test, we must defer to the ALJ’s credibility determinations and his assessment of the sufficiency and probative value of the evidence. Monfort Inc. v. Rangel, 867 P.2d 122 (Colo.App. 1993).
We have reviewed the ALJ’s findings and the record, and do not find support for the claimant’s assertion that the ALJ did not properly evaluate the evidence. The ALJ’s findings reflect that he resolved the pertinent conflicts against the claimant. Furthermore, the ALJ’s finding that the claimant’s worsened condition is the result of a substantial permanent aggravation or a new occupational disease is supported by substantial evidence in the testimony of Dr. Hughes. (Tr. p. 59).
Moreover, the ALJ’s findings of fact support the order denying temporary disability benefits in this claim. Section 8-41-304(1), C.R.S. 1998; Monfort Inc. v. Rangel, supra.
Consequently, the claimant has failed to establish grounds which afford us a basis to disturb the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 3, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Robert M. Socolofsky
NOTICE This Order is final unless an action to modify or vacate thisOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, CO 80203, by filing a petition for review with thecourt, with service of a copy of the petition upon the IndustrialClaim Appeals Office and all other parties, within twenty (20)days after the date this Order is mailed, pursuant to section8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed October 28, 1998 to the following parties:
Juan A. Sanchez, 1073 Williams, Brush, CO 80723
Larry Linker, Word of Mouth! Carpet Tile, P.O. Box 322, Brush, CO 80723-0322
Marilou Arceneaux, Adjuster, (Mark Andreatta, Team Leader), Colorado Comp. Inc. Authority, PO Box 469006, Denver, CO 80246-9016
Laurie Schoder, Esq., Colo. Compensation Ins. Authority, PO Box 469015, Denver, CO 80246-9015
George T. Ashen, Esq., 3677 S. Huron, #105, Englewood, CO 80110-3466 (For the Claimant)
Joel M. Pollack, Esq., Ritsema Lyon, P.C., 999-18th Street, Suite 3100, Denver, CO 80202 (For the Respondents)
BY: _______________________