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SALAZAR v. INDUSTRIAL CLAIM APPEALS

No. 99CA0895.

10 P.3d 666 (2000)

Frank J. SALAZAR, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Nelson Pipeline Constructors and Liberty Mutual Insurance Company, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 20, 2000.

Certiorari Denied September 18, 2000.

Attorney(s) appearing for the Case

Douglas R. Phillips, P.C., Douglas R. Phillips, Denver, Colorado, for Petitioner.

Zarlengo, Mott, Zarlengo & Winbourn, Scott M. Busser, Denver, Colorado, for Respondent Nelson Pipeline Constructors and Liberty Mutual Insurance Company.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, James E. Martin, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Opinion by Judge NEY.

The sole issue in this case is whether a workers' compensation claimant who receives permanent total disability (PTD) benefits at the maximum capped rate, as set forth in §§ 8-42-105(1) and 8-42-111(1), C.R.S.1999, is also entitled to the cost of living adjustment (COLA) provided by § 8-42-111(4), C.R.S.1999. Because we conclude that the COLA adjustment is not subject to the benefit cap...

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