W.C. No. 4-162-954Industrial Claim Appeals Office.
January 8, 1999
FINAL ORDER
This matter is before us pursuant to respondent’s petition to review the orders of Administrative Law Judge Gandy (ALJ), dated January 24, 1996, and June 10, 1998. We remand the matter for completion of the record.
An initial hearing was held on December 29, 1995, which concerned whether or not the claim was closed by the filing of the respondent’s Final Admission of Liability dated July 30, 1993. In the order dated January 24, 1996, the ALJ concluded that the claim was not closed by the final admission, and the respondent filed a timely petition to review. In an order dated September 11, 1996, we dismissed the respondent’s petition to review on grounds that the ALJ’s January 24 order was not final and appealable under §8-43-301 (2), C.R.S. 1998.
The matter proceeded to a second hearing on March 27, 1998. On June 10, 1998, the ALJ entered an order awarding temporary total disability benefits, and incorporating the prior order of January 24. The respondent then filed a timely petition to review both orders. The respondent’s petition to review designated as the record the “entire contents of the Division of Administrative Hearing record.”
We reviewed the transcript of the initial hearing held on December 29, 1995. At the commencement of that hearing, both the claimant and the respondent submitted “documents” to be considered as evidence. (Tr. December 29, 1995, p. 3). However, the file transmitted DOROTHY J. TENORIO W.C. No. 4-162-954
for our review does not appear to contain the documents which were submitted into evidence on December 29. It may be that some of the documents submitted on December 29 were resubmitted at the hearing on March 27, 1998. However, we are unable to ascertain whether the record is incomplete because it does not contain all of the evidence submitted at the December 1995 hearing.
Under these circumstances, the matter must be remanded to the ALJ for completion of the record inclusion of all evidence submitted at the hearing on December 29, 1995. Once the record is complete, the matter shall be retransmitted for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record, and retransmission once the record is complete.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
Copies of this decision were mailed January 8, 1999
to the following parties:
Dorothy Tenorio, 1012 Garfield St., Fort Collins, CO 80524
Poudre Valley Hospital, Attn: Teri Shur, 1024 N. Lemay Ave., Fort Collins CO 80524
Denise Groves, Support Services, P.O. Box 22438, Denver CO 80222-0438
W. M. Busch, Jr., Esq., 903 N. Cleveland Ave., Suite A, Loveland CO 80537 (For Claimant)
Anne Smith Myers, Esq., Karen R. Wells, Esq., 3900 E. Mexico Ave., #1000, Denver CO 80-210 (For Respondents)
BY: AP