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

• Case Date: October 09, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-276-317 (1998). JENNIFER A. KENNEY (Final 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. 4-276-317FINAL ORDER The claimant seeks review of an order of Administrative Law Judge Gandy (ALJ). The claimant contends the ALJ erroneously denied her request for additional temporary partial disability benefits and erred in refusing to increase her average weekly wage. We modify the order, and as modified, affirm. The claimant suffered a work-related injury to her wrists on September 15, 1995. At the time of the injury the claimant was earning $9 per hour and worked 40 hours per week. The employer also provided group health insurance coverage. The respondents admitted liability for temporary total disability benefits based upon an average weekly wage of $360. In November 1996, the employer made a written offer of part-time, modified employment at the rate of $9.92 per hour, with "full time hours as soon as [the claimant] desired them." The claimant returned to part-time employment and the respondents admitted liability for temporary partial disability benefits at the rate of $140.80 per week from November 22, 1996 to January 30, 1997. This calculation was based on the admitted average weekly wage. Dr. Confers placed the claimant at maximum medical improvement (MMI) on January 30, 1997. The claimant subsequently underwent a Division-sponsored independent medical examination (IME), which determined the claimant to be at MMI on September 2, 1997, with 21 percent whole person impairment. Although, not part of the record, it is undisputed the respondents' filed a Final Admission of Liability for the payment of permanent partial disability benefits based on 21 percent whole person impairment. The claimant continued part-time work with the employer until October 10, 1997, when she voluntarily resigned and moved to Texas. The respondents then discontinued paying the claimant's group health insurance premium. Relying on Campbell v. IBM Corp., 867 P.d. 77 (Colo. App. 1993), the claimant requested an order increasing her average weekly wage to reflect the November 1996 raise. She also requested that the replacement cost of the employer's group health insurance be included in the average weekly wage. Further, the claimant sought an order awarding temporary partial disability benefits from November 22, 1996, through September 1, 1997, based upon the increased average weekly wage. From conflicting evidence, the ALJ found that throughout the time the claimant was released to modified employment, the...