4-503-762 (2004). LARRY CLEMONSON (Order of Remand).

• Case Date: January 27, 2004
• Court: Colorado

Colorado Workers Compensation 2004. 4-503-762 (2004). LARRY CLEMONSON (Order of Remand) INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF LARRY CLEMONSON, Claimant, v. LOVERN'S PAINTING, Employer, and TRUCK INSURANCE EXCHANGE, Insurer, Respondents.W. C. No. 4-503-762ORDER OF REMAND This matter has been remanded by the court pursuant to an order dated August 21, 2003. Mandate issued on January 3, 2004. The claimant was hired on May 30, 2001, to perform a painting job. The claimant suffered compensable injuries later that day while obtaining an identification badge required by the employment. The court held we erred in reversing a determination by Administrative Law Judge Mattoon (ALJ), that the claimant suffered compensable injuries. Therefore, the court set aside our order and remanded the matter for consideration of any other unresolved issues presented on appeal. We set aside the ALJ's order awarding temporary total disability benefits. The ALJ found that as a result of the industrial injuries, the claimant "has been unable to work for any sustained period" since June 6, 2001. (Finding of Fact 13). The ALJ also found that in "the Fall of 2001, Claimant began to run his own painting business again. He did this for approximately two weeks, and had to stop due to pain." (Finding of Fact 19). The ALJ therefore ordered the respondents to pay temporary total disability benefits from June 6, 2001 through January 10, 2002, when the claimant was placed at maximum medical improvement. On review, the respondents contend the ALJ erroneously awarded temporary total disability benefits for the claimant's lost time in October 2001 when the claimant had his own painting business and earned $3,500. (Tr. p 47). We agree. Temporary disability benefits are payable when the industrial injury causes a disability, and the disability results in an actual loss of wages. Section 8-42-103(1), C.R.S. 2003. PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995). Where the disability precludes the claimant from earning all wages, the claimant is entitled to temporary total disability benefits under the provisions of § 8-42-105, C.R.S. 2003. Where the wage loss is less than total, the claimant is entitled to temporary partial disability benefits. Section 8-42-106 C.R.S. 2003. Section 8-42-105(3)(b), C.R.S. 2003, terminates temporary total...