4-291-940 (1998). JOSEPH EIDY.

• Case Date: August 04, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-291-940 (1998). JOSEPH EIDY INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF JOSEPH EIDY, Claimant, v. PIONEER FREIGHTWAYS, Employer, and COLORADO COMPENSATION INSURANCE AUTHORITY, Insurer, Respondents.W. C. No. 4-291-940FINAL ORDER The respondents seek review of a final order of Administrative Law Judge Friend (ALJ), which awarded permanent partial disability benefits based on a thirteen percent whole person medical impairment rating. Relying on Morris v. Industrial Claim Appeals Office, 942 P.2d 1343 (Colo. App. 1997), the respondents assert the ALJ erred because there is no evidence that the claimant's upper extremity injury resulted in a "rateable" whole person impairment. We affirm. The claimant sustained a compensable injury to his right upper extremity. The injury affected the claimant's shoulder, elbow and radial nerve. Ultimately, a Division-sponsored independent medical examination (IME) was performed by Dr. Curiel. In his report, Dr. Curiel opined the claimant has a twenty-two percent impairment of the upper extremity based on lost range of motion in the shoulder and elbow, and damage to the radial nerve. Dr. Curiel went on to state the "patient has had a right upper extremity injury that caused shoulder, elbow, and radial nerve injury that has resulted in a thirteen percent Whole Person Impairment according to the American Medical Association Guides to the Evaluation of Permanent Impairment, Third Edition (revised)." At the hearing, the claimant presented the testimony of Dr. Harder. Dr. Harder opined that the claimant sustained functional limitation of the shoulder joint, and that the joint is not part of the claimant's "arm." Dr. Harder also opined that the claimant's shoulder injury causes pain in the claimant's neck, chest and back muscles. (Tr. pp. 11-17). The claimant testified that he suffers pain in his shoulder and arm when performing work activities, and he has particular difficulty with pushing and pulling. (Tr. pp. 27-28). In light of this and other evidence, the ALJ concluded the claimant's injury is not "on the schedule of impairment and will be rated as a whole person" under § 8-42-107(8), C.R.S. 1997. Consequently, the ALJ awarded permanent partial disability benefits based on Dr. Curiel's whole person medical impairment rating. On review, the...