W.C. No. 4-211-267Industrial Claim Appeals Office.
June 19, 1996
FINAL ORDER
The respondents seek review of a final order of Chief Administrative Law Judge Felter (ALJ) which awarded the claimant medical impairment benefits, based upon a whole person disability, under § 8-42-107(8)(c), C.R.S. (1995 Cum. Supp.). The respondents’ only argument is that the ALJ erred in combining the claimant’s scheduled impairment and his non-scheduled impairment into a single whole person impairment.
The issue in this case was resolved adversely to the respondents i Mountain City Meat Co. v. Industrial Claim Appeals Office, 904 P.2d 1333
(Colo.App. 1995), cert. granted, October 30, 1995. We must follo Mountain City Meat Co. unless and until it is overruled by the Supreme Court. C.A.R. 35(f). Thus, the ALJ’s order must be upheld.
IT IS THEREFORE ORDERED that the ALJ’s order, dated November 27, 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 June 19, 1996 to the following parties:
Edward A. Wright, 2955 Glenwood, #102, Boulder, CO 80302
Jarco Inc., P. O. Box 4405, Boulder, CO 80306-4405
Brandee L. DeFalco, Esq., Colorado Compensation Insurance Authority — Interagency Mail
John G. Taussig, Jr., Esq., 1919 14th St., #805, Boulder, CO 80302 (For Claimant)
Timothy Spong, Esq., 4747 Table Mesa Dr., #100, Boulder, CO 80303 (For Claimant)
Peter H. McGuire, Esq., 1225 17th St., #2800, Denver, CO 80202-5529 (For Respondents)
By: _______________________