4-358-934 (1998). DAVID FLORES.

• Case Date: December 17, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-358-934 (1998). DAVID FLORES INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DAVID FLORES, Claimant, v. THOMPSON PIPE and STEEL COMPANY, Employer, and HARTFORD FIRE INSURANCE COMPANY, Respondent.W. C. No. 4-358-934FINAL ORDER The pro se claimant seeks review of a final order of Chief Administrative Law Judge Felter (ALJ), denying his claim for workers' compensation benefits. We affirm. The claimant testified that he injured his ankle on the employer's premises at approximately 5:45 a.m. on October 27, 1997. However, this testimony was contradicted by a co-employee who was present on the premises at the time the claimant allegedly fell. Further, a medical report completed on the day of the injury states the claimant slipped and fell while working in his backyard. The ALJ credited the testimony of the co-employee, and found that the medical records did not document a work-related injury. Consequently, the ALJ concluded that the claimant failed to prove that he sustained an injury arising out and in the course of employment. The claimant did not file a brief in support of his petition to review. Further, the petition to review contains only general allegations of error. Consequently, the effectiveness of our review is limited. The claimant was required to prove that he sustained an injury arising out of and in the course of employment. Section 8-41-301(1)(b), C.R.S. 1998; § 8-43-201, C.R.S. 1998. The question of whether the claimant carried his burden of proof is one of fact for determination by the ALJ. Eisnach v. Industrial Commission, 633 P.2d 502 (Colo. App. 1981). Because the question of compensability is factual, we must uphold the ALJ's order if supported by substantial evidence in the record. Section...