Opinion
W.C. No. 4-202-988
July 10, 1998
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Erickson (ALJ) dated September 18, 1997, which denied her petition to reopen. We affirm.
The claimant filed a petition to reopen the claim on grounds that she suffered a worsening of her condition from the industrial injury. The petition was heard by the ALJ at a hearing on July 24, 1997. Crediting the medical opinions of Dr. McCranie, the ALJ found that the claimant failed to sustain her burden to prove a worsening of her condition from the industrial injury. Therefore, the ALJ denied the petition to reopen.
The claimant's Petition to Review contains general allegations of error. Section 8-43-301(8), C.R.S. 1997. However, the claimant did not file a brief in support of her Petition to Review. Consequently, the effectiveness of our review is limited. Ortiz v. Industrial Commission, 734 P.2d 642 (Colo.App. 1986).
The ALJ's findings of fact are sufficient to permit appellate review, and the findings reflect the ALJ's resolution of the pertinent conflicts in the evidence. Further, the claimant has not provided a transcript of the hearing on July 24, 1997. As a result, we must presume the ALJ's findings of fact are supported by substantial evidence in the record. See Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). However, we also note that the ALJ's findings are supported by the medical records of Dr. Gray and the July 25, 1997 report by Dr. McCranie. Moreover, the ALJ's findings support the order denying the petition to reopen. See § 8-43-303(1), C.R.S. 1997; Valdez v. United Parcel Service, 728 P.2d 340 (Colo.App. 1986) (reopening requires proof of a causal relationship between the industrial injury and the worsened condition). Therefore, we must uphold the ALJ's order.
IT IS THEREFORE ORDERED that the ALJ's order dated September 18, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ Kathy E. Dean
______________________________ Robert M. Socolofsky
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, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed July 10, 1998 to the following parties:
Rosa Recinos, 60 S. Lincoln St., #207, Denver, CO 80209
Blackeyed Pea, Colorado Restaurant Mgmt. Inc., 7555 E. Hampden Ave., #601, Denver, CO 80231-4837
Christine Ford, Safeco Insurance, P.O. Box 5687, Denver, CO 80217-5687
Patricia Jean Clisham, Esq. and Bill Eikenberry, Esq., 1200 17th St., #1700, Denver, CO 80202-5817 (For Respondents)
BY: _______________________