W.C. No. 4-167-462Industrial Claim Appeals Office.
April 22, 1996
FINAL ORDER
The claimant has filed a Petition for Review of an order of Administrative Law Judge Wells (ALJ) which denied her claim for medical impairment benefits. We affirm.
The claimant’s sole argument on review is that the provisions of the Workers’ Compensation Act (Act) concerning permanent disability are unconstitutional. The claimant contends that the Act violates the equal protection clauses of the Colorado and United States Constitutions insofar as permanent partial disability benefits are limited to physical impairment ratings derived from the American Medical Association Guides to the Evaluation of Permanent Impairment, 3rd Edition, Revised.
The claimant recognizes that we lack jurisdiction to resolve his constitutional challenge to the Act, but seeks to preserve the issue for further review. See Celebrity Custom Builders v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 94CA1937, June 15, 1995). Under these circumstances, the claimant has not presented grounds which afford us a basis to interfere with the ALJ’s order.
IT IS THEREFORE ORDERED that the ALJ’s order dated August 18, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).
Copies of this decision were mailed April 22, 1996 to the following parties:
Sarah Baca-Wyche, 1535 Plainwood Dr., Colorado Springs, CO 80910
Broadmoor Hotel, Inc., Attn: Kevin McKeever, P.O. Box 1439, 1 Lake Ave., Colorado Springs, CO 80901
Continental Insurance Co., Attn: Kendall Cranberry, P.O. Box 17930, Denver, CO 80217
N. Dawn Webber, Esq., 90 S. Cascade Ave., #1500, Colorado Springs, CO 80903 (For the Respondents)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For the Claimant)
Karl A. Schultz, Esq., 102 S. Tejon St., Suite 1100, Colorado Springs, CO 80903 (For the Respondents)
BY: _______________________