4-259-459 (1998). JEANNETTE HOSCHOUER.

• Case Date: September 03, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-259-459 (1998). JEANNETTE HOSCHOUER INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF JEANNETTE HOSCHOUER, Claimant, v. MOUNTAIN STATES PLASTIC, INC., Employer, and GENERAL INSURANCE COMPANY OF AMERICA, Insurer, Respondents.W. C. No. 4-259-459ORDER OF REMAND The respondents seek review of an order of Chief Administrative Law Judge Felter (ALJ) which awarded temporary disability benefits. We set aside the order and remand for the entry of a new order. The ALJ's findings of fact may be summarized as follows. The claimant sustained compensable injuries to her right foot and ankle on June 22, 1995. As a result of the injuries, the claimant was medically restricted from performing her regular employment. Dr. Smith placed the claimant at maximum medical improvement (MMI) for the foot and ankle injuries on April 30, 1996. The claimant had permanent restrictions, and performed part-time modified work for the employer within those restrictions until July 5, 1996, when she voluntarily quit. On August 12, 1996, the claimant sustained an injury to her shoulder as a consequence of the original injury. Dr. Smith placed the claimant at MMI for the shoulder injury on September 10, 1996. The ALJ found that the claimant "again started suffering from the effects of her injury on October 2, 1996," when she began treating with Dr. Smith for hip and back problems. As a result, Dr. Smith opined the claimant was not at MMI. Noting our holding in Ballinger v. City of Colorado Springs, W.C. No. 4-154-631 (October 7, 1996), the ALJ determined "there can only be one date of maximum medical improvement," and that the claimant is not at MMI because she continues to receive treatment for hip and back problems caused by the original ankle injury. The ALJ stated that because the claimant is not at MMI and has work restrictions, she "typically" would be entitled to temporary disability benefits. However, relying on PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995), the ALJ found the claimant was "at fault" for the loss of the part-time modified employment on July 5, 1996. Therefore, the ALJ concluded that the claimant is limited to temporary partial disability benefits for her wage loss from August 12 through September 10, 1996, when she reached MMI from the shoulder injury, and again commencing October 2...