W.C. No. 4-767-757.Industrial Claim Appeals Office.
December 10, 2010.
ORDER
The claimant and DeClark Granite and Fabrication, Inc. (DeClark Granite) seek review of an order of Administrative Law Judge Mottram (ALJ) dated June 30, 2010, that found the claimant was a joint employee of both employers at the time of her industrial injury and determined both were equally liable for the claimant’s injuries arising out of her concurrent employment with both employers and awarded a specific medical benefit. We remand the matter for completion of the record.
This matter has previously been before us. In an order dated August 14, 2009 the ALJ determined that DeClark Granite and Builders Association of Pagosa Springs (Builders Association) were equally liable for the claimant’s injuries arising out of her concurrent employment with both employers. Petitions to Review were filed and in an order dated January 13, 2010 we dismissed without prejudice both petitions to review the ALJ’s order dated August 14, 2009. The current order of the ALJ dated June 30, 2010 awards a specific medical benefit and so is reviewable.
However, we note the record transmitted on review to us does not contain transcripts of the hearings held on May 12, 2009 and June 29, 2010. We cannot tell from the record whether such transcripts exist or not. We further note that, although referred to in several of the briefs filed by the parties, transcripts of the depositions of Kathleen DeClark and Sharon Crump and the Joint Hearing Exhibits are also not in the record. Under these circumstances, it is necessary to remand the matter for completion of the record. We note that five attorneys have entered their appearances on this matter and we
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invite them to review the record before it is retransmitted to us to confirm that the record is complete.
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Administrative Hearings for completion of the record to include, if they exist and were designated for inclusion in the record on appeal, any hearing transcripts of the May 12, 2009 and June 29, 2010 hearings, transcripts of the depositions of Kathleen DeClark and Sharon Crump and the Joint Hearing Exhibits. Upon completion of the record, the matter shall be retransmitted to us for review.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ John D. Baird
______________________________ Thomas Schrant
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SHARON CRUMP, 1012 COUNTRY ROAD 700, PAGOSA SPRINGS, CO, 81147 (Claimant).
BUILDERS ASSOCIATION OF PAGOSA SPRINGS, Attn: KAREN DAVISON, P O BOX 3956, PAGOSA SPRINGS, CO, 81147 (Employer).
PINNACOL ASSURANCE, Attn: HARVEY D. FLEWELLING, ESQ., 7501 E LOWRY BLVD., DENVER, CO, 80230 (Insurer).
FOGEL, KEATING, WAGNER, POLIDORI AND SHAFNER, PC, Attn: BRADLEY UNKELESS, ESQ., 1290 BROADWAY, SUITE 600, DENVER, CO, 80203 (For Claimant).
RITSEMA LYON, Attn: CAROL A. FINLEY, ESQ., 225 N 5TH STREET, SUITE 510, GRAND JUNCTION, CO, 81501 (For Respondents).
HALL EVANS, Attn: FRANK M. CAVANAUGH, ESQ., 1125 17TH STREET, SUITE 600, DENVER, CO, 80202 (Other Party).
NATHAN, BREMER, DUMM MYERS, PC, Attn: BENJAMIN TRACY, ESQ., 3900 E MEXICO AVENUE, SUITE 1000, DENVER, CO, 80210 (Other Party 2).
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