W.C. No. 4-312-061Industrial Claim Appeals Office.
May 24, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which denied his claim for medical benefits. We remand the matter for certification of the transcript.
On May 3, 1999, the ALJ entered an order denying the claim for benefits based upon an alleged occupational disease. The claimant filed a petition to review and requested a transcript of the hearing on April 12, 1999. The claimant filed a brief in support of the petition. The brief alleges that the transcript of the April 12 hearing is inaccurate. In fact, the claimant asserts that the ALJ and the court reporter altered the transcript “so it would favor the respondent.”
We have reviewed the transcript of the April 12 hearing. We note the court reporter failed to date and sign the certification of the transcript. (Tr. p. 26).
We have previously held that a properly certified transcript carries a presumption of regularity. See Hatton v. PCL Construction Services, Inc., W.C. No. 4-104-248 (September 29, 1992). However, in this case, the reporter failed to certify the transcript in accordance with § 8-43-214, C.R.S. 1999. Under these circumstances, the matter must be remanded with directions for the reporter to certify the transcript. Once the record is certified, the case may be retransmitted for review of the claimant’s appeal.
IT IS THEREFORE ORDERED that the matter is remanded for certification of the transcript, and retransmission once the record is properly certified.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed May 24, 2000
to the following parties:
Raymond Snell, P. O. Box 39778, Denver, CO 80239
City County of Denver, Olivia L. Hudson, Assist. City Atty., Worker’s Compensation Unit, 1445 Cleveland Place, Ste. 200, Denver, CO 80202
BY: A. Pendroy