4-243-377 (1998). DEBRA GILBERT (Final Order).

• Case Date: July 13, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-243-377 (1998). DEBRA GILBERT (Final Order) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DEBRA GILBERT, Claimant, v. RIDER and WOULF, P.C., Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-243-377FINAL ORDER The claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ), denying her claim for permanent total disability benefits. The claimant contends the ALJ erred in relying on the testimony of the respondents' vocational expert. Further, the claimant argues she is entitled to an additional hearing to present evidence contradicting the testimony of the respondents' vocational expert. We affirm the ALJ's order. The claimant sustained compensable injuries to her right upper extremity while employed as a legal assistant. The injury affected the claimant's right thumb, right elbow, shoulder and neck. On March 6, 1997, Dr. Branum imposed restrictions attributable to the industrial injury. Among other things, Dr. Branum restricted the claimant from using her right elbow, thumb, and upper extremity more than "one time every fifteen minutes during a work day." The respondents presented evidence from vocational expert Blythe. Blythe issued a report, dated May 30, 1997, in which he opined the claimant is able to return to work as a teacher's aide, a receptionist/greeter, telemarketer, and retail sales person. At the hearing on October 29, 1997, Blythe testified he relied on Dr. Branum's restrictions in assessing the claimant's employability. Blythe admitted he initially misread Dr. Branum's restrictions to mean the claimant is able to use her right upper extremity for fifteen minutes at a time rather than once every fifteen minutes. (Tr. p. 23). Nevertheless, Blythe opined the claimant is employable because the jobs mentioned in the May 30 report assume "she wouldn't need the right arm." (Tr. p. 101). Blythe also testified that he viewed the claimant as a "one-handed person." (Tr. p. 31). The ALJ credited Blythe's testimony that the claimant is able to earn wages in several types of jobs. Consequently, the ALJ concluded the claimant failed to carry her burden of proof to establish permanent total disability under § 8-40-201(16.5)(a), C.R.S. 1997. I. On review, the claimant contends the ALJ denied her due process of law by...