3-674-582 (1998). JOANN MAES.

• Case Date: July 15, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 3-674-582 (1998). JOANN MAES INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF JOANN MAES, Claimant, v. INDUSTRIAL LEASE, Employer, and OCCIDENTAL FIRE and CASUALTY COMPANY, Insurer, Respondents.W. C. No. 3-674-582FINAL ORDER The pro se claimant seeks review of an order of Administrative Law Judge Friend (ALJ Friend) dated May 20, 1997. We affirm. The claimant sought workers' compensation benefits in connection with an admitted injury on August 10, 1982. Following a hearing on May 15, 1997, ALJ Friend determined that the claimant failed to establish that she missed more than three days of work as a result of the injury. Therefore, ALJ Friend denied temporary disability benefits. ALJ Friend also found that the claimant did not suffer any permanent medical impairment from the injury. Consequently, ALJ Friend denied the claimant's request for permanent partial disability benefits. Further, ALJ Friend determined that the claimant failed to establish grounds to assess penalties against the respondents or require the respondents to provide further medical benefits. The claimant's Petition to Review alleges ALJ Erickson presided over the hearing on May 15, 1997, and argues that she was prejudiced by ALJ Friend's adjudication of the issues presented at that hearing. The claimant also argues that ALJ Friend erred in failing to award additional medical benefits, and erroneously failed to consider whether to "reopen" the claim. The claimant has not filed a brief in support of her Petition to Review. Consequently, the effectiveness of our review is limited. See Ortiz v. Industrial Commission, 734 P.2d 642 (Colo. App. 1986). ALJ Friend explicitly determined that the claim was not closed. See Conclusions of Law. Therefore, ALJ Friend did not err in refusing to consider whether to "reopen" the claim. Further, the claimant has not provided a transcript of the May 15, 1997 hearing (§ 8-43-301(2), C.R.S. 1997; Rules of Procedure VII(C), 7 Code Colo. Reg. 1101-3 at 18-19 (appealing party is responsible to arrange for payment of the transcript), and the record does not support her assertion that ALJ Erickson presided over the May hearing. Lastly, § 8-43-301(8), C.R.S. 1997, precludes us from disturbing an ALJ's order unless the findings of fact are insufficient to permit appellate review...