W.C. No. 4-794-844.Industrial Claim Appeals Office.
October 18, 2011.
FINAL ORDER
The respondents seek review of an order of Administrative Law Judge (ALJ) Jones dated June 15, 2011, that granted the claimant’s request to increase the amount of her average weekly wage (AWW) based on the cost of health insurance coverage. We affirm.
We previously issued an order of remand mailed on March 3, 2011. We concluded that because the claimant was enrolled in the insurance plan at the time of her termination the cost of such coverage should be included in her AWW. We incorporate by reference our previous order mailed on March 3, 2011. On remand, the ALJ provided findings as to the amount of health insurance costs for the claimant while employed by the respondent employer and granted the claimant’s request to include the cost of health insurance coverage in her AWW. The ALJ also found that the claimant had been receiving temporary total disability benefits.
The respondents renew their arguments as to why it is wrong to include the cost of health insurance coverage in the claimant’s AWW. We adhere, however, to the reasoning set forth in our previous order.
IT IS THEREFORE ORDERED that the ALJ’s order dated June 15, 2011, is affirmed.
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______________________________ John D. Baird
______________________________ Kris Sanko
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DIVIA SALAZAR, 4760 S WADSWORTH BLVD., #J101, LITTLETON, CO, (Claimant).
NEW HAMPSHIRE INSURANCE, Attn: MS EVELYN BONHAM, ENGLEWOOD, CO, (Insurer).
ANDERSON, HEMMAT LEVINE, LLC, Attn: JORDAN S. LEVINE, ESQ., DRIVE SOUTH, #400, DENVER, CO, (For Claimant).
THOMAS, POLLART MILLER, LLC, Attn: CHARLOTTE VEAUX, ESQ., #220-A, GREENWOOD VILLAGE, CO, (For Respondents).
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