W.C. No. 4-261-540 4-312-835.Industrial Claim Appeals Office.
August 4, 2003.
ORDER OF REMAND
In these workers’ compensation claims respondents U.S. Home Corporation and Old Republic Insurance Company (Old Republic respondents), seek review of an order of Administrative Law Judge Felter (ALJ Felter) which denied the claimant’s request to reopen W.C. No. 4-261-540 and held the Old Republic respondents liable for benefits in W.C. No. 4-312-835. The Old Republic respondents also seek review of an order of ALJ Mattoon, which awarded temporary disability and medical benefits. We remand the matter for completion of the record.
We previously remanded the matter for completion of the record on May 20, 2003, for “inclusion of ALJ Felter’s order together with the designated record of the proceedings before ALJ Felter.” The matter was again transmitted to this office and received on June 20, 2003.
The claimant’s brief in opposition to the petition to review contains specific references to the transcript of a hearing held before ALJ Wheelock on November 6, 1995. This hearing was conducted in W.C. No. 4-261-540. Review of the transcript of the hearing before ALJ Felter reveals that the claimant requested ALJ Felter to consider “each of the files, and the documents, and the prior testimony that are in those files.” (Tr. June 25, 2002, P. 8).
Thus, it is apparent that the claimant requested ALJ Felter to consider the record in W.C. No. 4-261-540, and specifically the transcript of the hearing conducted on November 6, 1995. Because these documents are not contained in the file transmitted for review, the matter must again be remanded for completion of the record.
The ALJ and the parties shall insure that the record is complete before it is again transmitted for our review. When the record is again received in this office it will be considered complete for purposes of review, and the appeal will be decided based on the record submitted.
IT IS THEREFORE ORDERED that the matter is remanded for completion of the record. When the record is complete, the matter shall be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Kathy E. Dean
Copies of this decision were mailed August 4, 2003 to the following parties:
William Wright, 4440 Cobbleskill Dr., Colorado Springs, CO 80920
U.S. Home Corporation, 9990 Park Meadow Dr., Lone Tree, CO 80124
Mike Fallowfield, U.S. Home Corporation, P. O. Box 2863, Houston, TX 77252-2863
Kevin O’Neil, Red Oak Carpet Center, 3809 E. Cresta Loma Pl., Colorado Springs, CO 80911
Integrity Business Services, Woodmen Corporate Center, 7150 Campus Dr., #325, Colorado Springs, CO 80920
Old Republic Insurance Company, c/o Gallagher Bassett Services, Inc., 7935 E. Prentice Ave., #305, Englewood, CO 80111
Suzanne Polyakovics, Allied Mutual Insurance Company, P. O. Box 5190, Denver, CO 80217
W. Thomas Beltz, Esq. and Daniel A. West, Esq., 729 S. Cascade Ave., Colorado Springs, CO 80903 (For Claimant)
James R. Clifton, Esq. and Harvey D. Flewelling, Esq., 5353 W. Dartmouth Ave., #400, Denver, CO 80227 (For Respondents U.S. Home Corporation and Old Republic Insurance Company)
Douglas A. Thomas, Esq., 1625 Broadway, #2300, Denver, CO 80202 (For Allied Mutual Insurance Company)
Brian D. Milligan, Esq. and Richard J. Lesch, Esq., 1515 Arapahoe St., Tower 1, #530, Denver, CO 80202 (For Red Oak Carpet Center)
By: A. Hurtado