W.C. No. 4-320-104.Industrial Claim Appeals Office.
December 28, 2004.
ORDER OF REMAND
The claimant and the respondents seek review of an order of Administrative Law Judge Gartland (ALJ Gartland) which ordered that permanent total disability benefits be paid beginning on October 25, 2002. We remand for completion of the record.
ALJ Garland entered the order under review on August 16, 2004. In the August 16 order ALJ Gartland stated that she based the decision “upon the evidence presented at the hearing held on May 5, 2003.” In their petition to review, the respondents designated a transcript of the May 5 hearing as part of the record on appeal.
On September 17, 2004, ALJ Martinez authored a letter to the parties establishing a briefing schedule. In the letter ALJ Martinez stated that “a transcript of hearing has already been filed.”
We have reviewed the record and are unable to locate a transcript of the May 5, 2003, hearing. The record contains only an excerpt of the May 5 transcript which is attached as “Exhibit A” to Claimant’s Response to Respondents’ Petition for Review. It is therefore necessary to remand the matter for completion of the record by inclusion of a transcript of the May 5 hearing, and any exhibits which may have been admitted in evidence at that hearing which are not already part of the record.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record in accordance with this order. Once the record is complete the file shall be transmitted for our review of ALJ Gartland’s order dated August 16, 2004.
INDUSTRIAL CLAIM APPEALS PANEL
____________________ David Cain
____________________ Kathy E. Dean
Cynthia Scholfield, Durango, CO, Brian West, D.D.S., Durango, CO, Rhonda Norris, State Farm Insurance Companies, Littleton, CO, Robert C. Dawes, Esq., Durango, CO, (For Claimant).
M. Frances McCracken, Esq., Grand Junction, CO, (For Respondents).