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McKINNEY v. INDUS. CLAIM APPEALS OFFICE

No. 93CE0021.

894 P.2d 42 (1995)

Caroline R. McKINNEY, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO and J.C. Penney Company, Inc., Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 23, 1995.

Attorney(s) appearing for the Case

Norton Frickey & Associates, P.C., Janet L. Frickey, Lakewood, for petitioner.

No appearance for respondent Indus. Claim Appeals Office.

Ritsema & Lyon, P.C., Cindy Slevin, Denver, for respondent J.C. Penney Co., Inc.

Douglas A. Thomas, Denver, for amicus curiae Colorado Compensation Ins. Authority.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, for amicus curiae Workers Compensation Educ. Ass'n.

Opinion by Judge CRISWELL.

In this workers' compensation case, the issue presented is whether the definition of permanent total disability contained in § 8-40-201(16.5)(a) (1994 Cum.Supp.) disqualifies a claimant from receiving permanent total disability benefits if the claimant is capable of earning wages in "any" amount. We conclude that it does, and therefore, we affirm the order of the Industrial Claim Appeals Office (Panel).

The claimant, Caroline...

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