W.C. No. 4-477-441Industrial Claim Appeals Office.
November 7, 2002
ORDER OF REMAND
The respondents seek review of an order of Administrative Law Judge Snider (ALJ) which awarded permanent total disability benefits and medical benefits after maximum medical improvement. We remand the matter for completion of the record.
The respondents argue, inter alia, that the issues raised by the claimant were “closed” by operation of section 8-43-203(2)(b)(II), C.R.S. 2002, because the claimant did not request a hearing within thirty days of the Final Admission of Liability (FAL) dated October 12, 2000. It appears from the briefs of both parties that this issue was raised before the ALJ, and determined adversely to the respondents at the commencement of the hearing on December 3, 2001.
The briefs of both parties make detailed references to the contents of the October 12 FAL, and contain legal arguments regarding the significance of the FAL. However, that document is not contained in the record. Neither are we able to locate the claimant’s objection to the FAL allegedly filed on November 7, 2002.
We also note there is no transcript of the hearing as it pertains to the ALJ’s ruling on the respondents’ motion to strike the hearing. This is true despite the fact that the respondents designated a complete transcript of the December 3 hearing. (See Respondents’ Petition For Review). Indeed, the respondents’ brief states the absence of this portion of the transcript is “inexplicable.” (Respondents’ Brief at p. 4).
Under these circumstances, we are unable to determine whether the ALJ reviewed and considered the FAL, and whether it is properly part of the record before us. Further, we are not able to ascertain what other documents, if any, were considered by the ALJ in ruling on the respondents’ motion to strike the hearing.
Under these circumstances, the matter must be remanded to the ALJ for a determination of what documents should be made part of the record, including the FAL and the claimant’s objection. Further, the transcript should be completed unless the parties waive completion.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record in accordance with this order. Once the record is complete, the matter shall be resubmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
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David Cain
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Bill Whitacre
Copies of this decision were mailed ________November 7, 2002 _ to the following parties:
Bonnie Walker-Black, 6512 C. R. 24.5, Cortez, CO 81321
Antarctic Support Association, c/o James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202
ACE American Insurance Co., c/o Gwen Brightwell, ESIS, P. O. Box 2941, Greenwood Village, CO 80150
Bethiah Beale Crane, Esq., 575 E. College Dr., Durango, CO 81301 (For Claimant)
James B. Fairbanks, Esq., 999 18th St., #1600, Denver, CO 80202 (For Respondents)
By: A. Hurtado