W.C. No. 4-459-030Industrial Claim Appeals Office.
October 24, 2001
ORDER OF REMAND
The claimant filed a petition to review the supplemental order issued by Administrative Law Judge Felter (ALJ) on March 19, 2001. We remand the matter for clarification and completion of the record.
The claimant’s petition to review the supplemental order was filed on March 26, 2001. The petition to review states that “a copy of the transcript of the record has been ordered” and the claimant “will rely upon the transcript.” The supplemental order reflects that the hearing was held on January 10, 2001.
However, our review of the record does not reveal a complete transcript of the hearing held on January 10. To the contrary, the record contains partial transcripts of medical testimony apparently received on January 10. Two of the transcripts were signed by the court reporter on February 4, 2001, two days prior to the ALJ’s initial order. (Testimony of Dr. Hughes and Dr. Dunning). The record also contains two unsigned transcripts of the same testimony.
Consequently, it appears the record may be incomplete because a transcript of the full hearing held on January 10 has not been prepared. On remand, the ALJ shall determine whether a complete transcript of the hearing was ordered and paid for by the claimant. If so, the ALJ shall insure the record is completed by inclusion of a full transcript. Once the record is complete, or the ALJ determines a complete transcript was not ordered, the matter may be retransmitted for our review.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for completion of the record. Once the record is complete, the matter may be retransmitted for our review.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Dona Halsey
Copies of this decision were mailed October 24, 2001 to the following parties:
Dale Young, 21977 WCR 78, Eaton, CO 80615
Gwen Kolkman and Gina Griego, ConAgra Food Claims Services, P. O. Box G, Greeley, CO 80632-0350
Britton Morrell, Esq., 710 11th Ave., #203, Greeley, CO 80631 (For Claimant)
Kyle Thacker, Esq., 999 18th St., #3100, Denver, CO 80202 (For Respondent)
BY: A. Pendroy