W.C. No. 4-155-231Industrial Claim Appeals Office.
January 17, 1996
FINAL ORDER
The respondents seek review of a final order of Chief Administrative Law Judge Felter (ALJ) insofar as it awarded medical impairment benefits based upon medical impairment of the whole person. The respondents contend that the award for the claimant’s upper extremity impairment should have been limited in accordance with the schedule of disabilities found at §8-42-107(2), C.R.S. (1995 Cum. Supp.). We affirm.
The respondents concede that their position was rejected by the Court of Appeals in the case of Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333 (Colo.App. 1995), cert. granted, 95SC246, October 30, 1995. Further, we are bound by the decision of the Court of Appeals unless and until it is overturned by the Supreme Court. C.A.R. 35(f). Consequently, the ALJ’s order must be affirmed.
The claimant asserts that we should issue an order requiring the respondents to pay benefits “consistent with the position stated in their petition to review.” However, the propriety of the respondents’ actions with respect to the ALJ’s order is not properly before us, and we decline to enter any order at this stage of the proceedings.
IT IS THEREFORE ORDERED that the ALJ’s order, dated July 26, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
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 January 17, 1996 to the following parties:
Charlene M. Wolford, 755 S. Dexter St., #3112, Denver, CO 80222
Support, Inc., 1325 S. Colorado Blvd., Ste. 506, Denver, CO 80222-3320
Colorado Compensation Insurance Authority, Brandee DeFalco, Esq. (Interagency Mail)
Steven H. Gurwin, Esq., 1777 S. Harrison St., #906, Denver, CO 80210 (For the Claimant)
By: ____________________