W.C. No. 4-139-930Industrial Claim Appeals Office.
June 27, 1996
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Wheelock (ALJ) insofar as it awarded permanent partial disability benefits based upon a whole person impairment. We affirm.
The respondents’ only argument is that the ALJ erred in combining the claimant’s upper extremity impairments with her cervical impairment so as to produce a single whole person impairment. The respondents’ argument notwithstanding Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333 (Colo.App. 1995), cert. granted, 95SC246, October 30, 1995, is dispositive. We are not at liberty to depart from Mountain City Meat unless and until the decision is overruled by the Supreme Court. C.A.R. 35(f).
IT IS THEREFORE ORDERED that the ALJ’s order dated January 30, 1996, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Dona Halsey
NOTICE
This Order is final unless an action to modify or vacatethe Order is commenced in the Colorado Court of Appeals, 2 East14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of thepetition upon the Industrial Claim Appeals Office and all otherparties, within twenty (20) days after the date the Order wasmailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995Cum. Supp.).
Copies of this decision were mailed June 27, 1996 to the following parties:
Michael W. Erb, 210 S. 18th St., Colorado Springs, CO 80904
Summit Property Holdings, 2880 Woodland Hills Dr., Colorado Springs, CO 80918
Marjorie J. Long, Esq., Colorado Compensation Insurance Authority Interagency Mail
Dale A. Gerlach, Esq., P. O. Box 636, Colorado Springs, CO 80901 (For Claimant)
By: __________________________