W.C. No. 4-527-781.Industrial Claim Appeals Office.
October 4, 2005.
ORDER
The respondents seek review of an order of Administrative Law Judge Klein (ALJ) dated July 26, 2005, which required them to pay medical benefits. We remand the matter for completion of the record.
Following a hearing on June 11, 2004, the ALJ determined the claimant sustained his burden of proof to reopen the claim due to a worsening of condition after maximum medical improvement (MMI) on May 20, 2003. The respondents appealed the order. However, we concluded the ALJ’s order was interlocutory and, therefore, we dismissed the appeal without prejudice.
The ALJ subsequently entered a new order dated June 13, 2005 which reopened the claim based upon a worsening of condition and awarded medical benefits. The ALJ then issued an order dated July 26, 2005, in response to the claimant’s motion for a corrected order, which expanded the award of medical benefits.
On review of the order awarding medical benefits, the respondents raised general allegations of error under § 8-43-301(2), C.R.S. 2005. They also contend the ALJ misapplied the law in failing to require the claimant to prove a worsening of condition after December 5, 2005, instead of May 20, 2003. The designated appellate record included the June 11, 2004 hearing transcript and “all documents and medical reports” contained in the official hearing file.
The June 11, 2004 hearing transcript reflects that the claimant’s hearing exhibits 1 through 13 and the respondents’ hearing exhibits A through C were admitted. Furthermore, the June 13 order states that the ALJ expressly relied on the January 13, 2004, deposition testimony of Dr. Stieg, the February 20, 2004 medical report of Dr. Pineiro and the March 24, 2004 medical report of Dr. Duncan in finding the claimant sustained his burden to prove grounds to reopen the claim. However, the record transmitted on review does not contain the hearing exhibits or the medical evidence cited by the ALJ. Under these circumstances, the record must be remanded for completion of the record. Section 8-43-301(9), C.R.S. 2005.
IT IS THEREFORE ORDERED that the matter is remanded to the Office of Administrative Courts for completion of the record in accordance with this order. Once the record is complete, the Division shall retransmit the matter for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________ Kathy E. Dean
____________________ Curt Kriksciun
Cody Schlatter, Ault, CO, Select Wood Floors, Inc., Fort Collins, CO, Debbie LaDoux, Omaha, NE, W.M. Busch, Jr., Esq., Loveland, CO, (For Claimant).
Keith E. Mottram, Esq., Denver, CO, (For Respondents).