4-147-752 (1998). JACQUELINE M. KINNECON.

• Case Date: December 24, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-147-752 (1998). JACQUELINE M. KINNECON INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF JACQUELINE M. KINNECON, Claimant, v. LAUREL MANOR, Employer, and SELF-INSURED, Insurer, Respondent.W. C. No. 4-147-752FINAL ORDER The respondent seeks review of an order of Administrative Law Judge Wells (ALJ) which awarded temporary total disability benefits subject to the $120,000 benefit cap created by § 8-42-107.5, C.R.S. 1998. We affirm. Section 8-42-107.5, in pertinent part provides that: "No claimant whose impairment rating is twenty-five percent or less may receive more than $60,000 from combined temporary disability payments and permanent partial disability payments. No claimant whose impairment rating is greater than twenty-five percent may receive more than one hundred twenty thousand dollars from combined temporary disability payments and permanent partial disability payments." Here, the respondent admitted liability for a 1993 injury and paid temporary total disability benefits in the amount of $25,713.31. On September 11, 1996, the respondent filed a Final Admission of Liability terminating temporary total disability benefits effective September 24, 1994, the date of maximum medical improvement (MMI). The Final Admission also admitted liability for permanent partial disability benefits of $27,499.99 based on a 26 percent whole person impairment rating. The claimant subsequently applied for a hearing on permanent total disability. Prior to the hearing, the claimant accepted the respondent's offer of vocational rehabilitation. Therefore, the respondent agreed to reinstate temporary total disability benefits. However, the respondent asserted that pursuant to § 8-42-107.5 the claimant is limited to combined temporary total and permanent partial disability benefits of $60,000. Relying on Donald B. Murphy Contractors, Inc., v. Industrial Claim Appeals Office, 916 P.2d 611 (Colo. App. 1995), the respondent also requested an order allowing them to offset previously paid permanent partial disability benefits against its liability for temporary disability benefits to be paid during vocational rehabilitation. The ALJ determined that because the respondent admitted liability for the payment of permanent partial disability benefits based upon a 26 percent impairment rating, the...