W.C. Nos. 4-358-101, 4-401-959Industrial Claim Appeals Office.
January 28, 2002
ORDER OF REMAND
Respondents Richtman Printing Companies and Hartford Fire Insurance Company (Hartford respondents) seek review of a corrector order issued by Administrative Law Judge Friend (ALJ Friend) on August 2, 2000, and an order of Administrative Law Judge Stuber (ALJ Stuber) dated May 14, 2001. We remand the matter for completion of the record.
In the August 2 order, ALJ Friend determined the claimant sustained a single compensable injury for which the Hartford respondents are liable. The Hartford respondents petitioned to review the August 2 order, arguing the claimant sustained a “new” injury in October 1998, and the Fireman’s Fund Insurance Company (Fireman’s Fund respondents) are liable for the 1998 injury. The Hartford respondents also argued the Fireman’s Fund respondents are estopped from denying liability. On December 18, 2000, we dismissed the Hartford respondents’ petition to review because ALJ Friend’s order was not final and appealable.
Subsequently, in an order dated May 14, 2001, ALJ Stuber ordered the Hartford respondents to reimburse the Fireman’s Fund respondents for benefits which Fireman’s Fund paid to the claimant. ALJ Stuber also held that admissions of liability filed by Fireman’s Fund do not preclude the order requiring reimbursement. The Hartford respondents then petitioned to review ALJ Friend’s order of August 2, 2000, and ALJ Stuber’s order of May 14, 2001.
Concerning ALJ Friend’s order, the Hartford respondents argue, inter alia, the evidence does not support the finding that the right upper extremity problems, which the claimant experienced in 1998, were the natural and proximate result of the 1997 injury to the claimant’s left upper extremity. Rather, the Hartford respondents argue the 1998 symptoms represent a new industrial injury for which the Fireman’s Fund respondents are liable.
The Hartford respondents designated a transcript of the hearing held before ALJ Friend on July 5, 2000, as well as “the complete official file of the Division of Labor [sic].” The file submitted for review contains a transcript of the July 5 hearing, but none of the exhibits which were received into evidence by ALJ Friend. The transcript itself, as well as ALJ Friend’s corrected order, indicate the exhibits include a deposition of Dr. Yamamoto, and various medical records. Because the Hartford respondents challenge the sufficiency of the evidence to support ALJ Friend’s order, the matter must be remanded for completion of the record by inclusion of all evidence, including the deposition of Dr. Yamamoto and medical records, which ALJ Friend received on July 5.
IT IS THEREFORE ORDERED that the matter is remanded to ALJ Friend for completion of the record by inclusion of all depositions and documents which were received into evidence at the hearing on July 5, 2000. Once the record is complete, the matter may be resubmitted for our consideration.
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
Copies of this decision were mailed January 28, 2002 to the following parties:
Robert E. Williams, Jr., 1688 S. Patton Ct., Denver, CO 80219
Richtman Printing, 7025 S. Revere Pkwy., Englewood, CO 80112-6736
Hartford Fire Insurance Company, 7670 S. Chester St., Englewood, CO 80112
Fran Wood, W.C. Adj., The Hartford, P. O. Box 4626, Houston, TX 77210-4626
Fireman’s Fund Insurance Company, 7887 E. Belleview Ave., Englewood, CO 80111-6015
Peter H. McGuire, Esq., 1325 S. Colorado Blvd., #405, Denver, CO 80222 (For Claimant)
Bradley R. Unkeless, Esq., 7670 S. Chester St., #300, Englewood, CO 80112 (For Respondents Richtman Printing and Hartford Fire Insurance Company)
James R. Florey, Jr., Esq., Triad West, #417, 5670 Greenwood Plaza Blvd., Englewood, CO 80111 (For Respondents Richtman Printing and Fireman’s Fund Insurance Company)
BY: A. Pendroy