Opinion
W.C. No. 4-203-123
October 10, 2000
ORDER
This matter has been remanded to the Industrial Claim Appeals Office pursuant to the court's opinion dated February 3, 2000 in 99CA1146. Mandate issued September 27, 2000.
In Salazar v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 99CA0895, February 3, 2000), the court held that the 2 percent cost of living adjustment (COLA) provided by § 8-42-111(4), C.R.S. 2000 for permanent total disability benefits is not limited by the benefit cap in § 8-42-105(1), C.R.S. 2000. In view of Salazar, the court concluded we erroneously upheld an order of former Administrative Law Judge Gandy (ALJ) which determined the claimant is not entitled to a COLA increase of permanent total disability benefits where the claimant is receiving permanent total disability benefits at the maximum rate allowed by § 8-42-105(1). Therefore, the court set aside our order and remanded, the matter for entry of a new order which grants the COLA increase.
IT IS THEREFORE ORDERED that for purposes of determining the claimant's permanent total disability rate, the claimant's average weekly wage shall be increased 2 percent per year effective July 1 of each year.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed October 10, 20000 to the following parties:
Raymond O. Reeb, 2000 E. Ramar Rd., #202, Bullhead, AZ 86442
Northwest Transport Service, Inc., Attn: Brenda Clark-Dandridge, PO Box 710, Denver, CO 80201-0710
Helmsman Management Service, Inc., Attn: Dawn Thornton, 13111 E. Briarwood Ave., #100, Englewood, CO 80112
W. M. Busch, Jr., Esq., 903 N. Cleveland Ave., Suite A, Loveland, CO 80537 (For Claimant)
John M. Connell, Esq., 1675 Larimer St., Suite 710, Denver, CO 80203 (For Respondents)
Robert A. Weinberger Esq., Cassandra M. McCasland Esq., 1700 Broadway, Ste. 1910 Denver, CO 80290
James. E. Martin, Esq., Attorney General's Office, 1525 Sherman St., 5th floor, Denver, CO 80203
BY: L. Epperson