W.C. No. 4-268-585Industrial Claim Appeals Office.
October 29, 1997
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Rumler (ALJ), which awarded medical impairment benefits under § 8-42-107(8)(d), C.R.S. 1997. The respondents contend that the ALJ erred in holding that §8-42-102(4), C.R.S. 1997, and the claimant’s status as a minor, justify utilization of the maximum temporary total disability rate in calculating the permanent disability benefits. We affirm.
The parties filed a “stipulation” concerning the issues in this case. The parties recognize that, in Fluck v. Arkansas Valley Seeds, Inc., W.C. No. 4-245-075 (August 25, 1997) (copy contained in file), we held that minor claimants are entitled to the benefit of § 8-42-102(4) when it is determined that they sustained a whole person medical impairment, and benefits are calculated under § 8-42-107(8)(d). The parties agree that the facts in this case are indistinguishable from those in Fluck, and therefore, the legal issue is identical. Moreover, the respondents in this case wish to raise the same arguments which were made by the respondents in th Fluck case.
We see no basis for departing from our holding in Fluck v. Arkansas Valley Seeds, Inc. Therefore, the reasoning contained in the Fluck order is adopted here as if fully set forth. It follows that the ALJ correctly calculated the claimant’s medical impairment benefits.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 20, 1997, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify orvacate the Order is commenced in the Colorado Court of Appeals, 2East 14th Avenue, Denver, Colorado 80203, by filing a petition toreview with the court, with service of a copy of the petitionupon the Industrial Claim Appeals Office and all other parties,within twenty (20) days after the date the Order was mailed,pursuant to §§ 8-43-301(10) and 307, C. R. S. 1997.
Copies of this decision were mailed October 29, 1997 to the following parties:
Stephanie E. Pacheco, 951 S. Dahlia, Apt. 102, Denver, CO 80222
Arby’s, Robert H. Coate, Esq., 1225 17th St., Ste. 2800, Denver, CO 80202
Jackie Slade, Farmers Ins. Claims Service Center, Mid-Century Ins. Co., P.O. Box 378230, Denver, CO 80237-8230
Robert H. Coate, Esq., 1225 17th St., Ste. 2800, Denver, CO 80202 (For the Respondents)
Sally L. MacLuckie, Esq., 3515 S. Tamarac Dr., #200, Denver, CO 80237 (For the Claimant)
By: _________________________________________________