W.C. No. 4-367-880Industrial Claim Appeals Office.
April 27, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) dated May 3, 1999. We remand the matter for completion of the record
This matter was previously before us. In an order dated December 21, 1999, we remanded the matter to the ALJ to determine whether the claimant timely filed a petition to review the May 3 order. We specifically stated that if the ALJ determined the claimant timely filed a petition to review, the ALJ should complete the record by including a copy of the petition
On February 4, 2000, the ALJ entered an order which found the claimant filed a petition to review the May 3 order on May 11, 1999, and thus, the ALJ determined that the petition was timely filed. Thereafter, the ALJ retransmitted the matter to us for review. However, the ALJ did not include a copy of the petition to review in the record. Consequently, we are still unable to ascertain whether we have jurisdiction to consider the claimant’s substantive arguments. See Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo.App. 1991). Under these circumstances, we remand the matter for completion of the record to include a copy of the claimant’s May 11, 1999, petition to review
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record to include a copy of the claimant’s petition to review. Once completed the matter may be retransmitted for our review
INDUSTRIAL CLAIM APPEALS PANEL
________________________________ David Cain
________________________________ Kathy E. Dean
Copies of this decision were mailed April 27, 2000 to the followingparties:
Shawn R. Wills, 1616 Chestnut, #16, Canon City, CO 81212
Ready’s Ice Company, Inc., Attn: David Miller, 2nd Water St., P O. Box 1022, Canon City, CO 81212
Laurie A. Schoder, Esq., Colorado Compensation Insurance Authority d/b/a Pinnacol Assurance-Interagency Mail (For Respondents)
Lawrence D. Saunders, Esq., 125 W. “B” St., Pueblo, CO 81003 (For Claimant)
Thomas M. Stern, Esq., 600 17th St., #1600N, Denver, CO 80202
BY: A. Pendroy