W.C. No. 4-155-972Industrial Claim Appeals Office.
August 13, 1996.
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Friend (ALJ) which awarded permanent partial disability benefits under the schedule of disabilities. We affirm.
Crediting the testimony of Dr. McDonough, the ALJ found that the “situs of the Claimant’s impairment is her arm,” and therefore, awarded permanent partial disability benefits pursuant to § 8-42-107(2)(a), C.R.S. (1995 Cum. Supp.). The claimant filed a petition to review the ALJ’s order alleging that the ALJ should have awarded “medical impairment benefits based upon a whole person impairment rating.”
The claimant did not file a brief in support of her petition. Consequently, the effectiveness of our review is limited.
We perceive no error in the ALJ’s decision to award benefits under the schedule. The question of whether the claimant sustained a scheduled injury or a whole person impairment is one of fact for resolution by the ALJ. To the extent the ALJ’s determination is supported by substantial evidence, it must be upheld on review. Strauch v. PSL Swedish Healthcare System, 917 P.2d 366 (Colo.App. 1996); §8-43-103(8), C.R.S. (1995 Cum. Supp.).
Here, Dr. McDonough’s testimony supports the ALJ’s determination that, although the injury was to the claimant’s shoulder, the residual functional impairment relates to the claimant’s arm. Admittedly, there was conflicting testimony, but we may not substitute our judgment for that of the ALJ concerning the weight and credibility of the medical evidence. Rockwell International v. Turnbull, 802 P.2d 1182 (Colo.App. 1990). Therefore, we perceive neither a factual nor a legal error in the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated September 13, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacatethe Order is commenced in the Colorado Court ofAppeals, 2 East 14th Avenue, Denver, Colorado 80203, byfiling a petition to review with the court, withservice of a copy of the petition upon the Industrial ClaimAppeals Office and all other parties, within twenty(20) days after the date the Order was mailed, pursuantto §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed August 13, 1996 to the following parties:
Vinella J. Tucker, 3557 Locust St., Denver, CO 80202
King Soopers, Inc., Attn: Lorna Sykes, P.O. Box 5567 T.A., Denver, CO 80217-5567
Faye Boyd, IME Coordinator — (Interagency Mail)
William J. Macdonald, Esq., 1890 Gaylord St, Denver, CO 80203 (For the Claimant)
Art M. Lee, Esq., 455 Sherman St., Ste. 210, Denver, CO 80203 (For the Respondent)
By: _____________________