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WELD COUNTY SCHOOL DIST. RE-12 v. BYMER

Nos. 97SC36, 97SC37 and 97SC227.

955 P.2d 550 (1998)

WELD COUNTY SCHOOL DISTRICT RE-12 and Colorado Compensation Insurance Authority, Petitioners, v. Deborah Louise BYMER and Industrial Claim Appeals Office, Respondents. BRUSH GREENHOUSE PARTNERS and Colorado Compensation Insurance Authority, Petitioners, v. Ernesto GODINEZ and Industrial Claim Appeals Office, Respondents. Martin C. PASILLAS-CARMONA, Petitioner, v. SPADY BROTHERS and Colorado Compensation Insurance Authority, Respondents.

Supreme Court of Colorado, En Banc.

March 9, 1998.

Attorney(s) appearing for the Case

Colorado Compensation Insurance Authority, Michael J. Steiner, Carolyn A. Boyd, Denver, for Petitioners.

The Morrell Law Office, LLC, Britton J. Morrell, Greeley, for Respondent Bymer.

John Berry, Denver, for Amicus Curiae Workers' Compensation Coalition.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Paul Farley, Deputy Attorney General, David M. Kaye, First Assistant Attorney General, John D. Baird, Assistant Attorney General, State Services Section, Denver, for Amici Curiae the Department of Labor and Employment and the Division of Workers' Compensation.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Mary E. Jeffers, Denver, for Respondent Ernesto Godinez.

Michael W. Seckar, Pueblo, Wilderman & Linnett, P.C., Martin J. Linnet, Denver, for Petitioner.

Colorado Compensation Insurance Authority, Michael J. Steiner, Carolyn A. Boyd, Laurie A. Schoder, Denver, for Respondents.

Justice MARTINEZ delivered the Opinion of the Court.

We consolidated these workers' compensation cases, for purposes of this appeal, to decide what factors may be considered in determining whether a claimant is permanently and totally disabled. Specifically, we granted certiorari to decide whether access to or availability of employment in a claimant's commutable labor market may be considered in determining if a claimant's injury renders the claimant "unable to earn...

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