W.C. Nos. 4-382-946, 4-384-988Industrial Claim Appeals Office.
October 16, 2000
ORDER OF REMAND
Respondents Miller Specialties and Pinnacol Assurance (Pinnacol) seek review of an order of Administrative Law Judge Martinez (ALJ) requiring them to pay permanent partial disability benefits. We remand the matter for clarification and completion of the record.
The issue underlying Pinnacol’s appeal is the argument that a portion of the claimant’s permanent medical impairment was caused by an injury insured by respondent Mid-Century Insurance Co. (Mid-Century). However, in ruling against Pinnacol, the ALJ stated that the cause “of claimant’s injuries is not in issue since it had been previously litigated.” In support of this determination, the ALJ’s April 5, 2000, order refers to a hearing held on September 24, 1998, and a prior order which the ALJ issued on December 11, 1998.
In its brief on appeal, Mid-Century makes specific references to the transcript of the September 24, 1998, hearing, as well as medical records and depositions submitted as evidence at the September 24 hearing. (Mid-Century Brief at pp. 4-5). However, the record on appeal does not contain a transcript of the September 24 hearing, transcripts of any depositions (including depositions of Dr. Pulsipher), or the medical records submitted at the September 24 hearing.
We cannot ascertain from the record whether the documents cited in Mid-Century’s brief were considered as part of the record in connection with the hearing held on March 23, 2000. Although we can find no specific reference to the documents in the transcript of the March 23 hearing, the ALJ’s order of April 5, 2000, states that the order was based “upon the evidence, arguments, and complete review of the Division of Administrative Hearings file.” Moreover, at the conclusion of the March 23 hearing, the ALJ admitted as evidence documents submitted by the claimant and Pinnacol. In so doing, the ALJ stated that the documents were being accepted “in order to complete the record in this matter.” (Emphasis added). Thus, it may be that the ALJ considered the documents mentioned by Mid-Century, but the documents were not included in the record transmitted to us.
Under these circumstances, the matter must be remanded to the ALJ for clarification of the record. The ALJ shall determine whether the documents cited in Mid-Century’s brief constitute a part of the record on appeal. If so, those documents shall be included in the record for our review. Once the record is complete, the ALJ shall retransmit the matter for our review.
IT IS THEREFORE ORDERED the matter is remanded to the ALJ for clarification and completion of the record. Once the record is complete, the matter shall be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Dona Halsey
Copies of this decision were mailed October 16, 2000 to the following parties:
Timothy R. Simpson, P. O. Box 91, Crawford, CO 81415-0091
Miller Specialties, 2355 Pioneer Rd., Delta, CO 81416-2737
Curt Kriksciun, Esq., CCIA dba Pinnacol Assurance — Interagency Mail (For Respondent Miller Specialties and CCIA dba Pinnacol Assurance)
Mid-Century Insurance, Farmers Insurance Exchange, 7535 E. Hampden Ave., #200, Denver, CO 80231
Richard T. Gurley, Esq., 200 Grand Ave., #315, Grand Junction, CO 81501 (For Claimant)
Harry E. Coff, Jr., Esq., 225 N. 5th St., #705, Grand Junction, CO 81501 (For Respondent Mid-Century Insurance)
Raymond F. Callahan, Esq., 1660 S. Albion St., #425, Denver, CO 80222-4043
BY: A. Pendroy