4-288-686 (1998). DIANNE L. DICKERSON.

• Case Date: December 14, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-288-686 (1998). DIANNE L. DICKERSON INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF DIANNE L. DICKERSON, Claimant, v. NORWEST CORPORATION, Employer, and CONTINENTAL INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-288-686ORDER OF REMAND The claimant seeks review of an order of Administrative Law Judge Gandy (ALJ) which denied her request for temporary total disability benefits commencing September 8, 1997. We set aside the order, and remand for entry of a new order. The claimant suffered a compensable back injury in 1995 while working as a teller. As a result of the injury the claimant is temporarily disabled from performing her regular employment. In June 1996, the claimant accepted the respondents' offer of part-time, employment within her medical restrictions. Consequently, the respondents terminated temporary total disability benefits and admitted liability for temporary partial disability benefits. The claimant continued to perform part-time, modified employment until September 8, 1997. On September 1, 1997, the claimant failed to show up for work. On September 2 the claimant gave the employer two weeks notice of her intent to resign. The claimant later changed her mind and attempted to withdraw the resignation. However, the employer refused to allow the claimant to withdraw the resignation, and her employment was terminated. The ALJ found that, pursuant to § 8-42-105(3)(b), C.R.S. 1995, [amended in 1996], the respondents properly terminated temporary total disability benefits when the claimant returned to modified employment. The ALJ also found that the claimant's employment termination was due to the claimant's voluntary resignation and not the industrial injury. Further, the ALJ determined that the claimant failed to prove that the offer of modified employment was unreasonable. Therefore, the ALJ determined the claimant is not entitled to temporary disability benefits after the employment termination. In so doing, the ALJ expressly relied on Laurel Manor Care Center v. Industrial Claim Appeals Office, 964 P.2d 589 (Colo. App. 1998), cert denied, 98SC273, October 19, 1998. I. On review the claimant contends that Laurel Manor is not applicable to the circumstances of this case because here, unlike the facts in Laurel Manor, the claimant began an offer of modified employment. The claimant argues that the claim is governed by the principles established in PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995). We agree. To receive temporary disability benefits a claimant must establish a causal connection between the injury and the loss of wages. Section 8-42-103(1), C.R.S. 1998. In PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995), the Supreme Court held that where a claimant is injured...