W.C. No. 4-189-264Industrial Claim Appeals Office.
March 8, 1996
The respondents seek review of a final order of Administrative Law Judge Wheelock (ALJ) which awarded the claimant permanent partial disability benefits based upon impairment of 47 percent as a whole person pursuant to § 8-42-107(8)(c), C.R.S. (1995 Cum. Supp.). The respondents sole argument on appeal is that, the ALJ should have compensated that portion of the claimant’s impairment which was rated as impairment to the left upper extremity under the schedule of disabilities at § 8-42-107(2), C.R.S. (1995 Cum. Supp.). We reject this argument, and therefore, affirm the order.
As the respondents concede, the Court of Appeals rejected their position in Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333
(Colo.App. 1995), cert. granted, October 30, 1995; see also Durocher v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. Nos. 94CE0024, 94CE0025, May 18, 1995). The respondents contend that Mountain City Meat Co. was wrongly decided and seek to preserve their argument pending review by the Colorado Supreme Court.
However, we are bound by published opinions of the Court of Appeals. C. A. R. 35(f). Therefore, we must affirm the ALJ’s award of permanent partial disability benefits insofar as it was issued in accordance with Mountain City Meat Co. v. Industrial Claim Appeals Office, supra.
IT IS THEREFORE ORDERED that the ALJ’s order, dated June 26, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
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. (1995 Cum. Supp.).
Copies of this decision were mailed March 8, 1996 to the following parties:
Dawn Adrouni, 3355 Mira Loma Court, Colorado Springs, CO 80918
Williams Printing, Inc., 5075 Centennial Boulevard, Colorado Springs, CO 80919
Colorado Compensation Insurance Authority, Attn: Brandee L. DeFalco, Esq. (Interagency Mail)
Kathleen W. Robinson, Esq., 802 S. Tejon St., Colorado Springs, CO 80903
(For the Claimant)