W.C. No. 4-564-779Industrial Claim Appeals Office.
June 24, 2004
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge Muramoto (ALJ) insofar as it assessed penalties for failure timely to pay temporary total disability (TTD) benefits pursuant to an order. We affirm.
The ALJ’s order denies a claim for penalties based on an the respondents’ failure to file a general admission of liability (GAL) following a previous order to pay TTD benefits. However, the ALJ found the respondents did not timely pay the TTD benefits previously ordered. Thus, the ALJ imposed a penalty totaling $1,129.22 for the late payment.
The respondents filed a petition to review and designated as part of the record a transcript of the hearing held on December 3, 2003. However, the respondents failed timely to pay for the transcript, and the claimant moved to strike the request for the transcript. The claimant’s motion was granted by the ALJ on March 25, 2004, and a briefing schedule was established with the notation that “the transcript will not be prepared or included as part of the record on appeal.” No briefs were filed and the matter was transmitted to us for review on May 12, 2004.
The respondents’ petition to review alleges that the respondents did not receive timely notice that the ALJ would adjudicate the issue of penalties for failure to pay the TTD benefits in a timely fashion. Rather the respondents assert the issue was limited to penalties for failure to file a GAL. Consequently, the petition to review requests an order deleting the findings and conclusions related to the late payment penalty.
The party seeking to overturn a judgment bears the responsibility for producing a record sufficient to demonstrate that an error has occurred. Otherwise, the regularity of the court’s rulings will be presumed. See Fleet v. Zwick, 994 P.2d 480 (Colo.App. 1999). Here, the respondents failed to procure a transcript in a timely fashion. Consequently, we have no basis for determining the scope of the issues presented to the ALJ, or whether the issue of penalties for failure to pay TTD in a timely fashion was tried by consent. Under these circumstances, we presume the regularity of the ALJ’s order and the proceedings leading up to it.
We note that the file transmitted to us does contain a transcript which was certified by the transcriptionist. However, because the transcript was not lodged in a timely fashion and the ALJ ordered that the request for the transcript be stricken, we have not considered the transcript.
IT IS THEREFORE ORDERED that the ALJ’s order dated January 12, 2004, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Robert M. Socolofsky
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, Colorado 80203, by filing a Petition to Review with the Court, within twenty (20) days after the date this Order was mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 2003. 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 order were mailed to the parties at the addresses shown below on June 24, 2004 by A. Hurtado.
Donald Thornwall, 5503 W. Alder Ave., Littleton, CO 80128
Blake Burns, Colorado Cartridge/Out of Toner, 1990 W. Iliff, Englewood, CO 80110
Mid-Century Insurance Company, c/o Suzanne Limppo, Farmers Insurance, 7535 E. Hampden Ave., #300, Denver, CO 80231
Kat Pennucci, Special Funds, Tower 2, #630, Division of Workers’ Compensation — Interagency Mail
Jack Kintzele, Esq., 1317 Delaware St., Denver, CO 80204 (For Claimant)
Christian M. Lind, Esq., 1801 Broadway, #1500, Denver, CO 80202 (For Respondents)