4-139-718 (1998). SANDRA CHAVEZ.

• Case Date: September 04, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-139-718 (1998). SANDRA CHAVEZ INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF SANDRA CHAVEZ, Claimant, v. SOUTHLAND CORPORATION, Employer, and AMERICAN PROTECTION INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-139-718FINAL ORDER The respondents seek review of a final order of Administrative Law Judge Henk (ALJ), which awarded the claimant permanent total disability benefits and ongoing medical benefits under Grover v. Industrial Commission, 759 P.2d 705 (Colo. 1988). The respondents contend the ALJ applied an incorrect legal standard in determining that the claimant is unable to earn any wages, and that the award of permanent total disability benefits is not supported by the evidence. The respondents also contend the record lacks sufficient evidence to support the award of Grover medical benefits. We affirm. The claimant was the manager of a convenience store when she sustained a compensable injury on June 24, 1992. As a result of the injury, the claimant underwent shoulder surgery and a spinal fusion. The claimant reached maximum medical improvement in October 1996, and participated in a functional capacities evaluation in January 1997. The ALJ credited the results of the evaluation which show the claimant is limited to sedentary employment. It is undisputed that the claimant is unable to return to work as a store manager or clerk, the employment which she held for thirteen years prior to the injury. The claimant has no other work experience except as a waitress, and did not complete high school or obtain a GED. The claimant presented the testimony of vocational expert Wilson. Wilson opined that the claimant is unable to earn any wages. He acknowledged the claimant has the residual physical capacity to perform some jobs, including hotel desk clerk or night auditor. However, Wilson opined the claimant is not "hireable" in these positions because she will be competing against other applicants who have experience or the physical capacity to perform additional duties. (Tr. June 6, 1997, pp. 6, 8-9, 13, 18). The ALJ credited Wilson's testimony and concluded the claimant is "unable to earn any wages in the same or other employment." Thus, the ALJ awarded permanent total disability benefits. The ALJ also found that the claimant has been "prescribed continuing medical benefits," and...