W.C. No. 4-401-989Industrial Claim Appeals Office.
July 20, 1999.
FINAL ORDER
The non-insured respondent seeks review of a final order of Administrative Law Judge Martinez (ALJ), which determined the claimant was the respondent’s employee, that the claimant sustained a compensable injury, and awarded temporary total disability and medical benefits. We affirm.
The ALJ found that the respondent hired the claimant to assist in relocating a mobile home. The claimant was injured when a tool broke and struck his knee. Later in the day the claimant’s knee became painful and he procured treatment at a hospital emergency room.
The ALJ determined that the claimant was unable to work from October 6, 1998, through December 19, 1998, and awarded temporary total disability benefits accordingly. The ALJ also awarded reasonable and necessary medical benefits.
The respondent failed to arrange payment for a transcript of the hearing in accordance with the procedures established by section 8-43-301(2), C.R.S. 1998. Consequently, the record does not include a transcript, and we must assume the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988).
The question of whether the claimant proved he was the respondent’s employee was one of fact for determination by the ALJ. Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384
(Colo. 1994). Similarly, the question of whether the claimant proved he was disabled by the injury was one of fact, and there was no requirement for the claimant to produce testimony from “other contractors” that he was unable to work. See Lymburn v. Symbios Logic, 952 P.2d 831 (Colo.App. 1997) (lay testimony sufficient to establish initial disability). The respondent’s argument notwithstanding, we may not substitute our judgment for that of the ALJ concerning the weight of the evidence, particularly where no transcript was submitted.
The respondent also argues that he was not consulted before the claimant made a “Doctor visit.” However, the ALJ apparently determined the claimant’s visit to the hospital was an emergency, and there was no requirement for the claimant to obtain the respondent’s approval for this visit. Sims v. Industrial Claim Appeals Office, 797 P.2d 777 (Colo.App. 1990). The ALJ did not rule on the compensability of any other specific treatments, and we do not consider that issue.
Finally, the respondent argues three witnesses testified untruthfully at the hearing. However the credibility of witnesses is a matter for the ALJ, and we may not interfere with his credibility determinations on appeal. Metro Moving and Storage Co. v. Gussert, 914 P.2d 411 (Colo.App. 1995).
IT IS to THEREFORE ORDERED, that the ALJ’s order dated April 28, 1999, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed July 20, 1999 the following parties:
Danny Sanchez, 2101 Chipeta, Grand Junction, CO 81501
Carl Grinstead, C T Modular Mobile Home, 3302 D ~ Rd., Clifton, CO 81520
BY: A. Pendroy