W.C. No. 4-431-612Industrial Claim Appeals Office.
August 7, 2000
FINAL ORDER
The respondent seeks review of an order of Administrative Law Judge Kozelka (ALJ), which found the claimant suffered a compensable injury and ordered the respondent to pay workers’ compensation benefits and penalties. We affirm.
The claimant alleged a work-related injury on March 17, 1999. The matter was scheduled for a full contest hearing on March 21, 2000. The respondent did not attend the hearing. Based upon the testimony presented on March 21, the ALJ issued Specific Findings of Fact dated April 4, 2000, which awarded the claimant benefits and penalties. The order erroneously listed the hearing date as February 25, 2000.
On April 24, 2000, the respondent filed a Petition to Review the order dated April 4, 2000. The respondent’s sole allegation was that he had no notice of the hearing on February 25, 2000.
The ALJ subsequently issued a “Corrected Order” which identified the hearing date as March 21, 2000. The Corrected Order contains a certificate of mailing dated April 24, 2000.
Section 8-43-302, C.R.S. 1999, allows an ALJ to correct clerical errors by issuing a corrected order within thirty days of the date of the original order. Once issued, the corrected order supersedes the original order and the corrected order is appealed in the same manner as any other order. Section 8-43-302(2), C.R.S. 1999. Section 8-43-301(2), C.R.S. 1998 provides that a petition for review must be filed “within twenty days from the day of the certificate of mailing of the order.” We lack jurisdiction to review an ALJ’s order unless a timely petition to review is filed. Digital Equipment Corp. v. Industrial Claim Appeals Office, 894 P.2d 54 (Colo.App. 1995).
The record transmitted to us on review does not contain a petition to review the ALJ’s April 24, 2000. However, in a letter to the parties dated April 24, 2000, the ALJ stated that the respondent’s April 24 Petition to Review “will be treated as a petition to review” the Corrected Order. Thus, it appears the ALJ erroneously mislead the respondent to believe a petition to review the Corrected Order was not necessary. Under these unique circumstances, we conclude that the respondent’s failure to file a petition to review the ALJ’s corrected findings of fact does not deprive us of jurisdiction to review the ALJ’s order dated April 24. See Converse v. Zinke, 635 P.2d 882 (Colo.App. 1981).
Our authority to review the ALJ’s order is defined in §8-43-301(8), C.R.S. 1999. That statute precludes us from disturbing the ALJ’s order unless the ALJ’s findings of fact are insufficient to permit appellate review, the ALJ has not resolved conflicts in the evidence, the record does not support the ALJ’s findings, the findings do not support the order, or the order is not supported by the applicable law.
We have reviewed the record and the ALJ’s findings of fact. The ALJ’s findings are sufficient to permit appellate review, and the findings indicate that the ALJ resolved conflicts in the evidence based upon his credibility determinations. See Riddle v. Ampex Corp., 839 P.2d 489 (Colo.App. 1992). The respondent has not provided a transcript of the hearing on March 21, 2000. Therefore, we are required to presume the ALJ’s findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). Further, the findings support the conclusion that the claimant proved a compensable injury and his entitlement to workers’ compensation benefits and penalties. Section 8-41-301 C.R.S. 1999. Moreover, because the only hearing was March 21, the respondent’s allegation that he had no notice of a hearing on February 25th does not establish grounds for appellate relief.
IT IS THEREFORE ORDERED that the ALJ’s order dated April 24, 2000, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
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, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to § 8-43-301(10) and § 8-43-307, C.R.S. 1999. 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 decision were mailed August 7, 2000 to the following parties:
Charles P. Weber, Jr., 1002 W. 5th St., Rifle, CO 81650
Kevin Reinarz d/b/a Reinarz Construction, Box 957, Carbondale, CO 81623
Kevin Reinarz d/b/a Reinarz Construction, 1279 Wald Dr., Carbondale, CO 81623
Kathleen Pennucci, Special Funds Unit, Division of Workers’ Compensation — Interagency Mail
BY: A. Pendroy