W.C. No. 3-108-134Industrial Claim Appeals Office.
February 28, 1996
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Wheelock (ALJ) which awarded lifetime permanent total disability benefits. The respondents contend that the ALJ failed to give effect to §8-42-111(5), C.R.S. (1995 Cum. Supp.), which provides for the termination of permanent total disability benefits when the claimant reaches age sixty-five. We affirm.
The respondents recognize that, in Romero v. Industrial Claim Appeals Office, 902 P.2d 896 (Colo.App. 1995), cert. granted August 28, 1995, the Court of Appeals held that § 8-42-111(5) violates equal protection of the law. However, the respondents assert that Romero was wrongly decided.
We are bound by published opinions of the Court of Appeals. C.A.R. 35(f). Therefore, we must follow Romero unless and until it is reversed by the Supreme Court. Therefore, the ALJ’s order must be upheld as consistent with applicable law.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 1, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed February 28, 1996 to the following parties:
Casey Espinosa, 6613 Dublin Loop W., Colorado Springs, CO 80918
Michael K. Underwood, 5911 Upper River Road, Woody Creek, CO 81656-9999
Colorado Compensation Insurance Authority, Attn: Marjorie J. Long, Esq. (Interagency Mail)
Subsequent Injury Fund (Interagency Mail)
Jill Gallett, Esq., Attorney General’s Office, 1525 Sherman St., 5th Flr., Denver, CO 80203
(For SIF)
Dale A. Gerlach, Esq., P.O. Box 636, Colorado Springs, CO 80901 (For the Claimant)
By: ___________________