W.C. No. 4-428-026Industrial Claim Appeals Office.
OCtober 23, 2000
FINAL ORDER
The respondent seeks review of Administrative Law Judge Martinez (ALJ) which determined the claimant suffered a compensable injury and ordered the respondent to pay workers’ compensation benefits and penalties. We affirm.
Based upon the testimony presented at a hearing on May 8, 2000, the ALJ found the claimant suffered a laceration injury to his right hand on July 14, 1999, arising out of and in the course of his employment for the respondent. The ALJ determined the claimant’s average weekly wage was $440. The ALJ also found that due to the injury the claimant was temporarily totally disabled from July 15, 1999 through July 25, 1999, and temporarily partially disabled from July 26, 1999, to August 6, 1999, the date he reached maximum medical improvement. Further, the ALJ determined the respondent was uninsured for workers’ compensation insurance at the time of the injury. Therefore, the ALJ awarded temporary total and temporary partial disability benefits increased by 50% as provided by § 8-43-408(1), C.R.S. 2000, for a total award of $950.71. The ALJ also awarded medical benefits of $50 and disfigurement benefits of $60. The respondent timely appealed.
On review the respondent contends the claimant’s injury was caused by his refusal to wear a safety glove, and that no modified employment was offered because the respondent had no notice the claimant was available to return to work. Further, the respondent alleges the claimant is covered by a workers’ compensation insurance policy with SOS Staffing Services. Finally, the respondent requests additional findings of fact concerning how the award was calculated.
Our statutory authority to review the ALJ’s order is governed by § 8-43-301(8), C.R.S. 2000. Under that statute we may not disturb the ALJ’s order unless the findings of fact are not sufficient to permit appellate review, conflicts in the evidence are not resolved, the findings are not supported by the evidence, the findings do not support the order or the order is not supported by applicable law.
The ALJ’s findings of fact are sufficient to ascertain the basis of the award of benefits in the amount of $1060.71, and it is apparent the ALJ resolved any pertinent conflicts in favor of the claimant. Further, the respondent has not provided a transcript of the May 8 hearing. Under these circumstances we are required to presume that the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Moreover, the ALJ’s findings of fact support the award of benefits and penalties and the award is supported by applicable law. See §§ 8-42-105(1) 8-42-106(1), C.R.S. 2000; PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995).
Finally, our review is also limited to the record before the ALJ. City of Boulder v. Dinsmore, 902 P.2d 925 (Colo.App. 1995). Consequently, we may not consider the factual assertions and attached documentation submitted by the respondent on appeal. See Voisinet v. Industrial Claim Appeals Office, 757 P.2d 171 Colo. App. 1988). Nevertheless, nothing in the documentation submitted by the respondent on appeal would support a finding that the respondent was insured for workers’ compensation on July 14, 1999. Therefore, the respondent has failed to establish grounds which afford us a basis to grant appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated June 12, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed October 23, 2000 to the following parties:
Gary L. Stonestreet, 648 1/2 Ian Ct., Grand Junction, CO 81504
Nancy James, Mountain States Tree Service, 120 Rerder Mesa Rd., Whitewater, CO 81527
Kathleen Pennucci, Special Funds Unit, Division of Workers’ Compensation — Interagency Mail
BY: A. Pendroy