4-210-925 (1998). ROBERT BLACK.

• Case Date: December 22, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-210-925 (1998). ROBERT BLACK INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF ROBERT BLACK, Claimant, v. CITY OF LA JUNTA HOUSING AUTHORITY, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-210-925FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) which denied his request for permanent total disability benefits. We affirm. The claimant suffered compensable injuries to both shoulders and underwent multiple surgeries. It is undisputed that as a result of the injuries the claimant is physically unable to return to his pre-injury employment. On July 31, 1997, Dr. Plfum placed the claimant at maximum medical improvement and rated the claimant's permanent medical impairment as 12 percent of the left upper extremity and 4 percent of the right upper extremity. Dr. Carlton subsequently performed a Division-sponsored independent medical examination (IME). Dr. Carlton issued a similar impairment rating. At the hearing on permanent total disability vocational rehabilitation expert, Sara Nowotny (Nowotny), opined that the claimant is capable of earning wages in several occupations. Vocational rehabilitation expert, Rodney Wilson (Wilson) disagreed, and opined the claimant is permanently and totally disabled. Crediting the testimony of Nowotny the ALJ found that there are "jobs, which are available in the claimant's local labor market, and which are within claimant's work restrictions." Therefore, the ALJ determined that the claimant failed to prove he is permanently and totally disabled. I. Initially, we note the claimant's contention that the ALJ erred in finding that the claimant sustained 12 percent impairment of the left upper extremity and 4 percent impairment of the right upper extremity. The claimant contends that because the issue of permanent partial disability was not endorsed for adjudication this finding violated his right to due process of law. We disagree. Due process of law requires that parties be afforded advance notice of the issues to be considered by the ALJ and an opportunity to be heard. Allison v. Industrial Claim Appeals Office, 884 P. 2d 1113 (Colo. 1994). Claims for permanent total disability benefits are governed by § 8-42-111, C.R.S. 1998. Under the applicable law, permanent total...