W.C. No. 4-214-699Industrial Claim Appeals Office.
January 29, 1996
FINAL ORDER
The respondents seek review of a final order of Chief Administrative Law Judge Felter (ALJ) which awarded the claimant permanent partial disability benefits based on a whole person medical impairment, under §8-42-107(8)(c), C.R.S. (1995 Cum. Supp.). The respondents argue that the ALJ should have compensated that portion of the claimant’s impairment involving an upper extremities under the schedule found 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, 904 P.2d 1333 (Colo.App. 1995), cert. granted, October 30, 1995; 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 Colorado 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 permanent partial disability benefits insofar as it was issued in accordance wit Mountain City Meat Co., v. Industrial Claim Appeals Office, supra.
IT IS THEREFORE ORDERED that the ALJ’s order, dated July 26, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Dona Halsey
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 January 29, 1996 to the following parties:
Jackie Rehrig, 5505 Valmont, #217, Boulder, CO 80301
Neodata Corporation, 833 W. South Boulder Road, Louisville, CO 80027
Colorado Compensation Insurance Authority, Attn: Brandee L. DeFalco, Esq. (Interagency Mail)
IME — Sharon Elenburg — (Interagency Mail)
Michael P. Dominick, Esq., 1966 13th St., Ste. 210, Boulder, CO 80302 (For the Claimant)
BY: _______________________