W.C. No. 3-101-889Industrial Claim Appeals Office.
May 10, 1996
ORDER OF REMAND
This matter has been remanded by the Court of Appeals pursuant to an opinion issued in Murphy v. Industrial Claim Appeals Office, ___ P.2d ___ (Colo.App. No. 94CA1597, September 21, 1995). Mandate issued on May 3, 1996.
The effect of the court’s order was to set aside our order of September 2, 1994, insofar as we affirmed an award of temporary total disability benefits commencing October 27, 1993. The court also held that the respondents are entitled to a “credit for permanent partial disability benefits already paid against temporary total disability benefits, subject to claimant’s right to seek further benefits available under § 8-42-107.5.”
IT IS THEREFORE ORDERED that the matter is remanded to the Division of Workers’ Compensation to implement the decision of the Court of Appeals.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed May 10, 1996 to the following parties:
Boyd L. Wymer, 437 N. Hwy. 287, #32, Ft. Collins, CO 80524
Donald B. Murphy Contractors, Inc., P.O. Box 6106, Federal Way, WA 98003
Aetna Casualty Surety Co., Carla Lawrence, P.O. Box 173712, Denver, CO 80217
W.M. Busch, Jr., Esq., 903 N. Cleveland, Ste. A, Loveland, CO 80537 (For the Claimant)
Tama L. Levine, Esq., 1290 Broadway, Ste. 708, Denver, CO 80203 (For the Respondents)
BY: _______________________