W.C. No. 4-250-049Industrial Claim Appeals Office.
May 27, 1999.
FINAL ORDER
The Colorado Compensation Insurance Authority (CCIA) and its insured, T.H. Inc., d/b/a Hoshi Motors (collectively the CCIA respondents), have filed a Petition to Review an order of Administrative Law Judge Friend (ALJ) which refused to require Mid-Century Insurance Company to reimburse the CCIA for workers’ compensation benefits paid to the claimant. We remand the matter for completion of the record.
The designation of record in the CCIA respondents’ Petition to Review includes the transcript of the hearing held on November 23, 1998 and the “complete Division of Workers’ Compensation file.” The record certified to us for review does not contain the hearing transcript. Therefore, the matter must be remanded for completion of the record to include the November 23, 1998 hearing transcript.
Furthermore, the Division of Workers’ Compensation file has not been transmitted to us on review. However, our review is limited to the record before the ALJ and it is unclear whether the “complete Division of Workers Compensation file” was part of the record before the ALJ. See City of Boulder v. Dinsmore, 902 P.2d 925 (Colo.App. 1995); Rules of Procedure, Part VIII(A)(7), 7 Code Colo. Reg. 1101-3 at 22. On remand the ALJ must determine whether the Division of Workers’ Compensation file was part of the evidentiary record he considered, and if so, that file must be transmitted to us for review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
Copies of this decision were mailed May 27, 1999 the following parties:
Kevin Seibold, 9345 N. Clermont Dr., Thornton, CO 80229
T. H. Inc. d/b/a Hoshi Motors, 2504 1/2 Spruce St., Boulder, CO 80302-3807
Curt Kriksciun, Esq., Colorado Compensation Insurance Authority — Interagency Mail (For Respondents)
Susan Weiner, Esq., 1942 Broadway, Suite 408, Boulder, CO 80302 (For Claimant)
Lisa Varriale, 1700 Broadway, Suite 1700, Denver, CO 80290-1701
Mid-Century Insurance Company, Attn: Jackie Slade, P. O. Box 378230 Denver, CO 80237-8230
Christian Lind, Esq., 5975 Greenwood Plaza Blvd., #106, Greenwood Village, CO 80111 (For Hoshi Motors and Mid-Century Insurance Company)
BY A. Pendroy