W.C. No. 4-276-317Industrial Claim Appeals Office.
November 2, 1998
CORRECTED ORDER
This matter is before us pursuant to the respondents’ “Motion for Corrected Order.” The respondents contend that our order dated October 9, 1998 miscalculated the claimant’s average weekly wage. We agree, and therefore issue this Corrected Order pursuant to §8-43-302, C.R.S. 1998.
The respondents admitted liability for a work-related wrist injury based upon an average weekly wage of $360. In our order dated October 9, 1998, we concluded that the claimant is entitled to COBRA replacement cost of the employer’s group health insurance included in her average weekly wage for purposes of calculating all medical impairment benefits due and payable after November 1, 1997. Relying upon the ALJ’s finding that the COBRA replacement cost was $445.36, we concluded that the claimant’s average weekly is $805.36, effective November 1, 1997.
The respondents’ Motion correctly points out that the ALJ found the COBRA replacement cost was $445.36 per month and not $445.36 per week. (Finding of Fact 10). Therefore, the weekly COBRA replacement cost is $102.78 ($445.36 x 12 = $5344.32 divided by 52), and the claimant’s average weekly wage commencing November 1, 1997 is $462.78 ($360 + $102.78).
Accordingly, our order dated October 9, 1998, is corrected to read:
“IT IS THEREFORE ORDERED THAT the ALJ’s order dated February 27, 1998, is modified to provide that the claimant’s average weekly wage is $462.78, effective November 1, 1997 and all medical impairment benefits due and payable after October 31, 1997, shall be based on this average weekly wage. In all other respects the ALJ’s order is affirmed.”
As corrected, our October 9 order is incorporated herein and made a part of this order.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE This Corrected Order is final unless an action to modify orvacate this Order is commenced in the Colorado Court of Appeals, 2East 14th Avenue, Denver, CO 80203, by filing a petition forreview with the court, with service of a copy of the petition uponthe Industrial Claim Appeals Office and all other parties, withintwenty (20) days after the date this Order is mailed, pursuant tosection 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed November 2, 1998
to the following parties:
Jennifer Kenney, 400 Oak Forest Drive, Buda, TX 78610
B.I., Inc., 5400 Lookout Rd., Boulder, CO 80301-3377
Vigilant Insurance Co., Chubb/Pacific Indemnity, P.O. Box 6520, Englewood, CO 80155-6520
Michael P. Dominick, Esq., 250 Arapahoe Ave., #301, Boulder, CO 80302 (For the Claimant)
Mark H. Dumm, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For the Respondents)
BY: ______________________