W.C. No. 3-108-724Industrial Claim Appeals Office.
December 15, 1995
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Martinez (ALJ) which awarded the claimant permanent partial disability based a whole person impairment pursuant to § 8-42-107(8)(c), C.R.S. (1995 Cum. Supp.), and Mountain City Meat Co., v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 94CE0015, January 26, 1995) cert. granted October 30, 1995. The respondents’ sole argument is that the ALJ should have compensated that portion of the claimant’s impairment involving the right lower 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, supra; 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 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 medical impairment benefits in accordance with Mountain City Meat Co. v. Industrial Claim Appeals Office, supra.
IT IS THEREFORE ORDERED that the ALJ’s order, dated September 18, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate this Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO80203, by filing a petition for review with the court, with service of acopy of the petition upon the Industrial Claim Appeals Office and allother parties, within twenty (20) days after the date this Order ismailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed December 15, 1995 to the following parties:
Joseph A. Plotner, 2713 B 1/2 Rd., Space 18, Grand Junction, CO 81503
Westran Inc., P.O. Box 9259, Missoula, MI 59807-9259
Colorado Compensation Insurance Authority, Attn: C. Boyd, Esq. (Interagency Mail)
Connie K. Ward, Esq., 225 N. 5th St., #1010, P. O. Box 4848, Grand Junction, CO 81502
(For the Claimant)
Thomas W. Blake, Esq., 744 Horizon Ct., #360, Grand Junction, CO 81506
(For the Respondents)
BY: _______________________