W.C. No. 4-403-661Industrial Claim Appeals Office.
July 19, 2001
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) insofar as the ALJ denied penalties based on a termination of temporary disability benefits which was allegedly contrary to the provisions of Rule of Procedure IX (C) (1), 7 Code Colo. Reg. 1101-3. The respondents seek review of the order insofar as it awarded temporary total disability benefits effective June 15, 1999. We remand the matter for completion of the record.
The claimant’s argument concerning the alleged violation of Rule IX (C) (1) is predicated on the assertion the respondents terminated temporary disability benefits by filing an admission of liability based on a finding of maximum medical improvement, without stating a position on permanent disability benefits. The file submitted for review does not contain the admission or admissions of liability on which the claimant’s argument is predicated. Moreover, it appears to us that counsel for the respondents submitted, or attempted to submit, copies of a final admission of liability and a general admission of liability at the time of the hearing. (Tr. p. 15). Further, the respondents’ Brief in Opposition to Claimant’s Petition to Review states the respondents “filed an admission of liability, accompanied with the authorized treater’s M-3 form stating Claimant was at MMI and released to full duty.” (Respondents’ Brief in Opposition at p. 2). Under these circumstances, we remand the matter for completion of the record by inclusion of the admission or admissions of liability, together with accompanying documentation, which form the basis of the claimant’s Rule IX argument, and which were mentioned at p. 15 of the transcript.
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 matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed July 19, 2001 to the following parties:
Carl Strombitski, 3020 Leoti Dr., Colorado Springs, CO 80922
Dominos/Man Made Pizza, 5735 Industrial Pl., Colorado Springs, CO 80916
Linda Giovanni, Reliance Gallagher Bassett Services, P. O. Box 4068, Englewood, CO 80155
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909-4349 (For Claimant)
James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
BY: A. Pendroy