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BRUSH GREENHOUSE PARTNERS v. GODINEZ

No. 96CA0266.

942 P.2d 1278 (1996)

BRUSH GREENHOUSE PARTNERS and Colorado Compensation Insurance Authority, Petitioners, v. Ernesto GODINEZ and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. A.

Rehearing Denied December 27, 1996.

Certiorari Granted August 25, 1997.

Attorney(s) appearing for the Case

Colorado Compensation Insurance Authority, Marjorie J. Long, Carolyn A. Boyd, Denver, for Petitioners.

Law Offices of Mary E. Jeffers, Mary E. Jeffers, Denver; Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, for Respondent Ernesto Godinez.

No Appearance for Respondent the Industrial Claim Appeals Office of the State of Colorado

Opinion by Judge PIERCE.*

The issue in this workers' compensation case is whether, in determining permanent total disability under § 8-40-201(16.5)(a), C.R.S. (1996 Cum.Supp.), access to employment in the labor market where the claimant resides is a factor to be considered. We conclude that it may be considered and, therefore, affirm the award of permanent total disability benefits to Ernesto Godinez (claimant).

Claimant sustained...

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