4-276-317 (1998). JENNIFER A. KENNEY (Corrected Order).

Case DateNovember 02, 1998
CourtColorado
Colorado Workers Compensation 1998. 4-276-317 (1998). JENNIFER A. KENNEY (Corrected Order) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF JENNIFER A. KENNEY, Claimant, v. BI INCORPORATED, Employer, and VIGILANT INSURANCE/CHUBBY GROUP OF INSURANCE COMPANIES, Insurer, Respondents.W. C. No. 4-276-317CORRECTED ORDER This matter is before us pursuant to the respondents' "Motion for Corrected Order." The respondents contend that our order dated October 9,1998 miscalculated the claimant's average weekly wage. We agree, and therefore issue this Corrected Order pursuant to § 8-43-302, C.R.S. 1998. The respondents admitted liability for a work-related wrist injury based upon an average weekly wage of $360. In our order dated October 9, 1998, we concluded that the claimant is entitled to COBRA replacement cost of the employer's group health insurance included in her average weekly wage for purposes of calculating all medical impairment benefits due and payable after November 1, 1997. Relying upon the ALJ's finding that the COBRA replacement cost was $445.36, we concluded that the claimant's average weekly is $805.36, effective November 1, 1997. The respondents' Motion correctly points out that the ALJ found the COBRA replacement cost was $445.36 per month and not $445.36 per week. (Finding of Fact 10). Therefore, the weekly COBRA replacement cost is $102.78 ($445.36 x 12 = $5344.32 divided by 52), and the claimant's average weekly wage commencing November 1, 1997 is $462.78 ($360 + $102.78). Accordingly, our order dated October 9, 1998, is corrected to read: "IT IS THEREFORE ORDERED THAT the ALJ's order...

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