W.C. No. 4-197-634Industrial Claim Appeals Office.
July 5, 1995
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Stuber (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. (1994 Cum. Supp.). The respondents argue that the ALJ should have compensated that portion of the claimant’s impairment involving an upper extremity under the schedule found at § 8-42-107(2), C.R.S. (1994 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. No. 94CE0015, January 26, 1995); see also Durocher v. Industrial Claim Appeals Office, 905 P.2d 4 (Colo.App. 1995). The respondents contend that Mountain City Meat Co. was wrongly decided. However, we are bound by published opinions of the Court of Appeals. C.A. R. 35(f). Therefore, we must affirm the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order, dated October 27, 1994, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
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. (1994 Cum.Supp.).
Copies of this decision were mailed July 5, 1995 to the following parties:
Annette Rios, 1358 S. Irving St., A-9, Denver, CO 80219
K-C Medical Services, Inc., 707 Federal Blvd., Denver, CO 80204-4744
Colorado Compensation Insurance Authority, Attn: C. Kriksciun, Esq., (Interagency Mail)
James A. May, Esq., 155 S. Madison, #330, Denver, CO 80209 (For the Claimant)
BY: _______________________