4-137-498 (1998). MARY M. MANZANARES.

• Case Date: September 29, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-137-498 (1998). MARY M. MANZANARES INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF MARY M. MANZANARES, Claimant, v. KELLOFF ENTERPRISES, INC., Employer, and MID CENTURY INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-137-498 FINAL ORDER The respondents seek review of a final order of Administrative Law Judge Henk (ALJ), which awarded the claimant permanent total disability benefits. The respondents contend the ALJ erred in considering a doctor's opinion that the claimant is incapable of employment. The respondents also argue that the record lacks substantial evidence to support the ALJ's finding that the claimant is unable to earn any wages. We affirm. The claimant, who was sixty-six years of age at the time of the hearing, sustained a compensable injury to her back when she fell on March 18, 1992. As a result of the injury, the claimant has constant back and neck pain which has worsened over time. It is undisputed that the claimant cannot return to her preinjury employment at a laundry. The ALJ also found that the claimant's industrial injury aggravated a preexisting anxiety disorder. The anxiety disorder has worsened to the point that the claimant is confined to bed several times a week. There was conflicting evidence concerning the extent of the physical restrictions stemming from the back injury. A 1993 Functional Capacities Evaluation (FCE) indicated that the claimant is able to do light work. The respondents' vocational expert testified that work is available to the claimant within these restrictions. In contrast, the claimant presented evidence from a treating physician, Dr. Hurley, who opined the claimant is "unable to work full time or part-time in any capacity (even sedentary) due to pain, muscular stiffness, and fatigue," (Hurley report, March 27, 1997). On July 3, 1997 Dr. Hurley stated that the claimant is "totally disabled" due to a "combination of physical impairment and anxiety disorder." The claimant also presented the testimony of a vocational expert, Rodney Wilson, who opined the claimant is unable to earn any wages in view of her physical problems and anxiety disorder. (Tr. pp. 38-40). The ALJ found that the claimant proved she is unable to earn wages in any employment and awarded the permanent total disability benefits. In so doing, the ALJ...