W.C. No. 4-263-215Industrial Claim Appeals Office.
June 11, 1998
FINAL ORDER
The pro se claimant seeks review of a final order of Administrative Law Judge Wheelock (ALJ) which denied and dismissed his claim for workers’ compensation benefits. We affirm.
The ALJ found the claimant testified to sustaining an injury when assaulted by a co-employee on October 19, 1994. However, the claimant’s testimony was discredited by the ALJ because she found it internally inconsistent, in conflict with prior statements made by the claimant, and contradicted by the credible testimony of other witnesses. Consequently, the ALJ denied the claim.
The claimant filed only a general petition to review containing no specific allegations of error. Moreover, the claimant failed to pay for the transcript in a timely fashion, and consequently, it was not prepared.
We perceive no error of law in the ALJ’s order. Moreover, because the claimant failed to provide a transcript, we must presume the ALJ’s findings of fact are supported by substantial evidence. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988). Thus, there is no basis for setting aside the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated July 28, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL ________________________________ David Cain ________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate theOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, Colorado 80203, by filing a petition to reviewwith the court, with service of a copy of the petition upon theIndustrial Claim Appeals Office and all other parties, withintwenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed June 11, 1998 to the following parties:
Jeffery W. Watkins, 518 W. Platte Ave., Colorado Springs, CO 80904
Colorado Gold Chips, Inc., Attn: Alice Cooper, 4450 Foreign Trade Zone Blvd., Colorado Springs, CO 80925
Nancy Rostad, TIG Insurance Company, 6400 S. Fiddler’s Green Circle, Englewood, CO 80111
Karl Schulz, Esq., 111 S. Tejon St., #700, Colorado Springs, CO 80903 (For Respondents)
By: __________________________________________________