MOUNTAIN CITY MEAT CO. v. OQUEDA

Nos. 95SC246, 95SC329, 95SC373, 95SC432 and 95SC476.

919 P.2d 246 (1996)

MOUNTAIN CITY MEAT CO. and Colorado Compensation Insurance Authority, Petitioners, v. Emiliano OQUEDA and The Industrial Claim Appeals Office of the State of Colorado, Respondents. DeWITT TRANSPORTATION and Colorado Compensation Insurance Authority, Petitioners, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Chalmers Shropshire, Respondents. HEATING & PLUMBING ENGINEERS and Nationwide/Wausau Insurance, Petitioners, v. John R. MONACHELLI and The Industrial Claim Appeals Office of the Department of Labor of the State of Colorado, Respondents. WCS, INC., d/b/a Wendy's of Colorado Springs, Inc. and Colorado Compensation Insurance Authority, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE and Renee M. Hernandez, Respondents. DEPARTMENT OF REVENUE and Colorado Compensation Insurance Authority, Petitioners, v. Joseph C. DUROCHER and Industrial Claim Appeals Office of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

June 24, 1996.


Attorney(s) appearing for the Case

Colorado Compensation Insurance Authority, Curt Kriksciun, Michael J. Steiner, Carolyn A. Boyd, Denver, for Petitioners in Nos. 95SC246, 95SC432 and 95SC476.

Colorado Compensation Ins. Authority, Carolyn A. Boyd, Curt Kriksciun, Denver, for Petitioners in No. 95SC329.

Gordon & Macdonald, P.C., William J. Macdonald, Denver, for Amicus Curiae Workers' Compensation Education Association in Nos. 95SC246, 95SC329, 95SC373, 95SC432 and 95SC476.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Pepe J. Mendez & Associates, P.C., Pepe J. Mendez, Denver, for respondent Emiliano Oqueda in No. 95SC246.

Ritsema & Lyon, P.C., Fredric A. Ritsema, Michael A. Perales, Joel M. Pollack, Denver, for Petitioners Heating & Plumbing Engineers and Nationwide/Wausau Ins. in No. 95SC373.

Law Office of Cynthia M. Pring, Kathleen W. Robinson, Colorado Springs, Diane M. Astourian, Denver, for Respondent John R. Monachelli in No. 95SC373.

Pribila & Sokolow, P.C., Anthony L. Sokolow, Colorado Springs, for Respondent Renee M. Hernandez in No. 95SC432.

No appearance on behalf of Respondents Industrial Claim Appeals Office of State of Colo. and Chalmers Shropshire in No. 95SC329.

No appearance on behalf of Respondent Industrial Claim Appeals Office of Department of Labor of State of Colo. in No. 95SC373.

No appearance on behalf of Respondent Industrial Claim Appeals Office in No. 95SC432.

No appearance on behalf of Respondents Joseph C. Durocher and Industrial Claim Appeals Office of State of Colo. in No. 95SC476.


Justice HOBBS delivered the Opinion of the Court.

These consolidated appeals present the issue of whether an enumerated injury arising under the schedule in section 8-42-107(2), 3B C.R.S. (1995 Supp.), which is accompanied by a permanent medical impairment arising under section 8-42-107(8), 3B C.R.S. (1995 Supp.), must be converted to a whole person rating and compensated under section 8-42-107(8), when calculating permanent disability.

We granted certiorari...

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