W.C. No. 4-213-910Industrial Claim Appeals Office.
October 20, 2000
ORDER
This matter has been remanded to the Industrial Claim Appeals Office pursuant to the court’s opinion in Salazar v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 99CA0895, February 3, 2000). Mandate issued October 10, 2000.
In, Salazar, the court concluded we erroneously upheld an ALJ’s order which determined the claimant is not entitled to a 2 percent cost of living adjustment (COLA) as provided by §8-42-111(4), C.R.S. 2000, for permanent total disability benefits where the claimant is receiving permanent total disability benefits at the maximum rate allowed by § 8-42-105(1), C.R.S. 2000. The court concluded that the 2 percent COLA increase provided by § 8-42-111(4) is not limited by the benefit cap in §8-42-105(1). Consequently, the court set aside our order and remanded the matter for entry of a new order which grants the COLA increase.
IT IS THEREFORE ORDERED that for purposes of determining the claimant’s permanent total disability rate, the claimant’s average weekly wage shall be increased 2 percent per year effective July 1 of each year.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed October 20,2000 to the following parties:
Frank J. Salazar, 7375 West 84th Way, #2017, Arvada, CO 80030
Nelson Pipeline Constructors, PO Box 440638, Aurora, CO 80044
Liberty Mutual Inc. Co., Attn: Vicki Sapp, 13111 E. Briarwood Ave., Suite 100, Englewood, CO 80112
Douglas R. Phillips, Esq., 155 S. Madison, Suite 330, Denver, CO 80209 (For the Claimant)
Scott M. Busser, Esq., Zarlengo, Mott, Zarlengo Winbourn, 300 S. Jackson St., Suite 570, Denver, CO 80209(For the Respondents)
Robert A. Weinberger Esq., Cassandra M. McCasland Esq., 1700 Broadway, Suite 1910, Denver, CO 80290
BY: A. Pendroy