W.C. No. 4-503-258Industrial Claim Appeals Office.
May 30, 2003
FINAL ORDER
The pro se claimant seeks review of a final order of Administrative Law Judge Friend (ALJ) which denied and dismissed the claim for workers’ compensation benefits. We affirm.
The claimant alleged he injured his wrist as a result of an occupational disease. However, crediting the reports of two physicians, the ALJ found the claimant’s condition was not caused, aggravated, or accelerated by the conditions of employment. Consequently, the ALJ denied the claim.
The claimant filed a petition to review the order citing general allegations of error, and specifically asserting the ALJ erred in finding the claimant did not “establish that he suffers from a disease that was caused in part by the conditions of his employment.” However, the claimant failed to procure a transcript of the hearing. Further, the claimant did not file a brief in support of the petition to review. Under these circumstances, the effectiveness of our review is limited.
The question of whether the claimant proved an occupational disease causally-related to the conditions of employment is one of fact for determination by the ALJ. Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000); Wal-Mart Stores, Inc. v. Industrial Claims Office, 989 P.2d 251 (Colo.App. 1999). Consequently, we must uphold the ALJ’s determination if supported by substantial evidence in the record. Section 8-43-301(8), C.R.S. 2002. This standard of review requires us to defer to the ALJ’s resolution of conflicts in the evidence, credibility determinations and plausible inferences drawn from the record. Wal-Mart Stores, Inc. v. Industrial Claims Office, supra.
Here, the claimant failed to procure a transcript. Consequently, we must presume the ALJ’s pertinent findings are supported by the testimony at the hearing. Nova v. Industrial Claim Appeals Office, 754 P.2d 88
(Colo.App. 1988). Moreover, our review of the documentary evidence demonstrates the ALJ’s findings concerning the opinions of the medical experts are supported by substantial, albeit conflicting, evidence in the record. Consequently, there is no basis to interfere with the order.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 22, 2002, 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. 2002. 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 Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed May 30, 2003 to the following parties:
Earl Willis, 16465 E. 17th Pl., Unit D, Aurora, CO 80011
King Soopers Division, 65 Yuma St., Denver, CO 80223
Landon Wallace, The Kroger Company, P. O. Box 5567 T. A., Denver, CO 80217-5567
Kent D. Enwright, Esq., P. O. Box 539, Denver, CO 80201-0539 (For Respondents)
By: A. Hurtado