3-986-518 (1998). DAVID BOSWELL.

• Case Date: November 25, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 3-986-518 (1998). DAVID BOSWELL INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DAVID BOSWELL Claimant, v. UNION CAMP, Employer, and LIBERTY MUTUAL, Insurer, Respondents.W. C. No. 3-986-518ORDER OF REMAND The respondents seek review of a final order of Administrative Law Judge Henk (ALJ), which awarded permanent partial disability benefits based on the claimant's medical impairment. The respondents argue that the ALJ's application of former § 8-42-110(3) (1990 Colo. Sess. Laws, ch. 62 at 494) (reemployment statute) was erroneous because there was no proof the claimant received the usual wage adjustments and because the claimant was not employed at the time of the hearing. We set the order aside and remand for further proceedings and entry of a new order. In 1990, the claimant sustained a compensable industrial injury to his penis. Following surgical installation of a prosthesis, the claimant was able to return to his usual employment on May 6, 1991. Eventually, the prosthesis failed and the claimant petitioned to reopen the claim. The petition was granted in January 1997, and the claimant underwent additional surgery in April 1997. The claimant was again able to return to work at full duty on May 22, 1997. On July 18, 1997, the claimant was examined by Dr. Kleen. Dr. Kleen opined that the claimant had a forty percent whole person impairment under the American Medical Association Guides to the Evaluation of Permanent Impairment, Third Edition (Revised) (AMA Guides). The claimant remained employed with respondent Union Camp until October 31, 1997. He was then terminated because Union Camp sold the plant to another company and the new company did not offer employment to the claimant. In November 1997 the respondents filed a Final Admission of Liability denying liability for permanent partial disability benefits. In support, the respondents submitted a vocational report indicating that the claimant's physical impairment has not resulted in any loss of earning capacity. The claimant then filed an application for hearing seeking a determination that the reemployment statute applies to these facts. Relying on Turner v. City and County of Denver, 867 P.2d 197 (Colo. App. 1993), the claimant reasoned that he is entitled to an award of permanent partial disability benefits based on his medical impairment rating regardless of any loss of earning capacity. Alternatively, the claimant argued that the injury...