4-216-439 (1998). ANTONETTE MOLLER.

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

Colorado Workers Compensation 1998. 4-216-439 (1998). ANTONETTE MOLLER INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF ANTONETTE MOLLER, Claimant, v. NORTH METRO COMMUNITY SERVICES, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-216-439 FINAL ORDER The respondents seek review of a final order of Administrative Law Judge Rumler (ALJ) which determined the claimant is permanently and totally disabled, and awarded benefits. We affirm. The claimant suffered compensable injuries to her right arm and shoulder on March 15, 1994, while employed as a mental health technician for the respondent-employer. The claimant reached maximum medical improvement on August 12, 1997, at which time Dr. Klingbeil imposed permanent lifting restrictions and limited the claimant to sedentary employment. Section 8-40-201(16.5)(a), C.R.S. 1997, defines permanent total disability as the inability to earn "any wages in the same or other employment." It is undisputed that as a result of the injury the claimant is unable to return to her pre-injury employment. However, at the time of the hearing on permanent total disability, the claimant had a part-time child care service in her home and was paid $37 per week, per child. Vocational rehabilitation expert, Mark Litvin (Litvin), concluded that the claimant's child care service does not reflect the ability to earn wages because the work is done in the claimant's home and the claimant requires assistance from her family members. Further, Litvin testified that the job description for child care workers in the open labor market exceeds the claimant's restrictions and exceeds what the claimant manages to do while operating her in-home day care service. (Tr. pp. 63, 68). Consequently, Litvin opined that the claimant's in home child care service skills are not transferrable to jobs in the open labor market, and do not reflect an ability to earn wages in "other employment." (Tr. p. 62). Vocational rehabilitation expert, Cynthia Bartmann (Bartmann) agreed that the job description of a child care worker exceeds the claimant's restrictions. (Tr. p. 108). However, Bartmann opined that the claimant's part-time, child care work reflects the ability to earn wages. Bartmann also concluded the claimant is capable of employment in other fields of employment such as security...