W.C. No. 4-196-245Industrial Claim Appeals Office.
June 25, 1996
FINAL ORDER
The respondents seek review of a final order of Administrative Law Judge Stuber (ALJ) which awarded medical impairment benefits based on a disability of the whole person. We affirm.
The treating physician, Dr. Centeno, rated the claimant’s overall medical impairment as twenty-nine percent of the whole person. This rating was based on the combination of a whole person cervical impairment and a twenty-two percent upper extremity impairment which Dr. Centeno converted to a thirteen percent whole person impairment.
Relying on Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333 (Colo.App. 1995), cert. granted, 95SC246, October 30, 1995, the ALJ concluded that it was appropriate to combine the claimant’s upper extremity impairment and the cervical impairment into a single whole person impairment. The respondents contend that the ALJ’s ruling is incorrect.
The respondents’ argument notwithstanding, Mountain City Meat Co. is dispositive of the arguments which they raise on appeal. We must follo Mountain City Meat Co. unless and until it is overruled by the Supreme Court. C.A.R. 35(f). Therefore, the ALJ’s order was correct.
We note that, in her brief, the claimant states that she agrees with the respondents that the ALJ’s order should be “vacated.” The claimant is apparently asserting that the evidence proves that none of her injuries fall within the schedule, and therefore, Mountain City Meat Co. is simply irrelevant.
However, the claimant failed to file a petition to review as required by § 8-43-301(2), C.R.S. (1995 Cum. Supp.). Therefore, we are without jurisdiction to consider the claimant’s argument. Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo.App. 1991).
IT IS THEREFORE ORDERED that the ALJ’s order dated August 31, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed June 25, 1996 to the following parties:
Ivan J. VanTassel, 2050 W. Warren Ave., Englewood, CO 80110
Precision Sheet Metal Co., P.O. Box 461501, Aurora, CO 80046-1501
Colorado Compensation Insurance Authority, Attn: Marjorie J. Long, Esq. (Interagency Mail)
Joan Garden Cooper, Esq., 316 E. 7th Ave., Denver, CO 80203 (For the Claimant)
Marlin W. Burke, Esq., 1700 Broadway, Ste. 1800, Denver, CO 80290 (For the Claimant)
By: ____________________