3-993-065 (1998). RICKIE G. HOYLE.

• Case Date: August 06, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 3-993-065 (1998). RICKIE G. HOYLE INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF RICKIE G. HOYLE, Claimant, v. BASSETT BEDDING, Employer, and LIBERTY MUTUAL INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 3-993-065FINAL ORDER The respondents seek review of an order of Administrative Law Judge Erickson (ALJ Erickson) which awarded permanent partial disability benefits. We affirm. The claimant suffered a back injury arising out of and in the course of his employment at Bassett Bedding on August 17, 1990. On October 17, 1990, the respondents filed a Final Admission of Liability for medical and temporary disability benefits. The claimant did not timely object to the Final Admission. In 1996, the claimant filed a petition to reopen the claim. The claimant alleged a worsening of his condition from the 1990 injury, and requested additional temporary disability and medical benefits. Administrative Law Judge Friend (ALJ Friend) found that the claimant's worsened condition was due to a new industrial injury, and not the 1990 industrial injury. Consequently, in a Summary Order dated July 25, 1996, ALJ Friend denied the petition to reopen. On August 16, 1996, the claimant filed a claim for workers' compensation, which alleged a back injury on July 1, 1995. Liability was admitted. At maximum medical improvement, Dr. Shih opined that the claimant sustained five percent whole person medical impairment from the 1995 injury and 5 percent whole person impairment from the 1990 injury. The claimant subsequently sought an award of permanent partial disability benefits in the 1990 injury claim based on Dr. Shih's medical impairment rating. In support, the claimant argued that the issue of permanent partial disability was not closed. Alternatively, the claimant filed a petition to reopen dated June 19, 1997. The respondents objected and asserted that the claim is closed and barred from reopening under the six year statute of limitations in § 8-43-303, C.R.S. 1997. ALJ Erickson found that neither the October 17 Final Admission of Liability, nor ALJ Friend's Summary Order closed the issue of permanent partial disability. Therefore, ALJ Erickson determined that the litigation of the issue was not governed by the six-year statute of limitations in § 8-43-303. ALJ Erickson also found that if...