4-222-069 (1998). SALVADOR DURAN (Final Order 1).

• Case Date: September 17, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-222-069 (1998). SALVADOR DURAN (Final Order 1) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF SALVADOR DURAN, Claimant, v. MG CONCRETE INC., Employer, and CALIFORNIA INDEMNITY, Insurer, Respondents.W. C. No. 4-222-069FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Henk (ALJ) which denied permanent total disability benefits. We affirm. The claimant is a resident of Pueblo, Colorado. It is undisputed that on July 21, 1994, the claimant suffered a compensable right shoulder injury while working for MG Concrete Inc. in Denver, Colorado. The claimant reached maximum medical improvement on October 16, 1995, with permanent restrictions against lifting over 10 pounds, using a ladder, pushing or pulling over 25 pounds, and reaching or doing overhead work with his right arm. As a result of these restrictions, the claimant is precluded from returning to his pre-injury employment. From conflicting vocational evidence the ALJ found that the claimant is capable of earning wages as a delivery driver, janitor, and shuttle driver. In so finding, the ALJ credited the testimony of vocational rehabilitation expert Katie Grimler-Montoya (Montoya), that there are jobs in Pueblo, Denver, and Colorado Springs which are within the claimant's medical restrictions, education, and limited English skills. Therefore, the ALJ determined the claimant is not permanently totally disabled within the meaning of § 8-40-201(16.5)(a), C.R.S. 1998. Relying upon Weld County School District RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998), the claimant contends that permanent total disability is measured by the injured workers' ability to earn wages in the local community where he resides. Therefore, the claimant contends that Montoya erroneously considered the labor market in Colorado Springs and Denver, and argues that Montoya's opinions concerning his employability have no evidentiary value. We disagree. Under the applicable law, a claimant is permanently and totally disabled if he is "unable to earn any wages in the same or other employment." Christie v. Coors Transportation Co., 933 P.2d 1330 (Colo. 1997); Lobb v. Industrial Claim Appeals Office, 948 P.2d 115 (Colo. App. 1997). The determination of whether the claimant is capable of earning wages in the same or other employment is a...