4-288-593 (1998). EMILY LYMBURN (Final Order 1).

• Case Date: July 29, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-288-593 (1998). EMILY LYMBURN (Final Order 1) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF EMILY LYMBURN, Claimant, v. SYMBIOS LOGIC, INC., Employer, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurer, Respondents.W. C. No. 4-288-593FINAL ORDER The respondents seek review of an order of Administrative Law Judge Wheelock (ALJ) dated March 23, 1998, which required them to pay temporary total disability benefits from September 6, 1996 to September 12, 1997. We affirm the award of temporary disability from September 6, 1996 thru July 15, 1997, set aside the award of temporary disability benefits after July 15, 1997, and remand for entry of a new order. In an order dated September 4, 1996, the ALJ determined that the claimant suffered an occupational disease to her shoulders and upper back in 1995, caused by the repetitive activities required of her employment with Symbios Logic, Inc. (employer). In that order, the ALJ found that the claimant's regular employment required "repetitive reaching overhead." The ALJ also found that, as a result of the injury, the claimant was medically restricted from performing her regular job duties, and that the claimant was not provided modified employment within her restrictions. Therefore, the ALJ ordered the respondents to pay temporary total disability benefits commencing February 21, 1996. We reversed the ALJ's award of temporary total disability benefits. However, in Lymburn v. Symbios Logic, 952 P.2d 831 (Colo. App. 1997), the court set aside our order with directions to reinstate the ALJ's award of temporary disability benefits. Regardless, the respondents' took the position that the temporary disability benefits should terminate on September 6, 1996, when Dr. Ogrodnick released the claimant to return to work which required "limited upper extremity repetitive activity," and allowed the claimant to alternate sitting, standing and walking. In support of this contention, the respondents argued that the claimant's regular, pre-injury employment duties required only "limited upper extremity repetitive activity." Therefore, the respondents argued that Dr. Ogrodnick's report constituted a "release to regular employment," which, pursuant to § 8-42-105(3)(c), C.R.S. 1997, terminated temporary disability benefits effective September 6, 1996. The ALJ rejected the respondents' argument. The ALJ found that the respondents did not appeal her prior determination that the claimant's regular employment required repetitive overhead reaching. Therefore, the ALJ determined that the September 4, 1996, order constituted "law of the case" on the issue of whether the claimant's regular duties required repetitive activities. Furthermore, based upon the evidence presented at a hearing on February 5, 1998, the ALJ found that the claimant's...