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DILLARD v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 04CA0680.

121 P.3d 301 (2005)

Debra DILLARD, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Pepsi Bottling Group, Respondents.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 30, 2005.

Certiorari Granted October 17, 2005.

Attorney(s) appearing for the Case

Killian Guthro & Jensen, P.C., Joanna C. Jensen, Grand Junction, Colorado, for Petitioner.

John W. Suthers, Attorney General, Eric S. Rothaus, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Cairns Nemechek & McGruder, LLC, Gregory B. Cairns, Englewood, Colorado, for Respondent Pepsi Bottling Group.

Law Office of O'Toole & Sbarbaro, P.C., Neil D. O'Toole, Denver, Colorado; Frickey Law Firm, Janet Frickey, Lakewood, Colorado, for Amicus Curiae Workers' Compensation Education Association.

CASEBOLT, J.

Debra Dillard (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) determining that her claim for temporary and permanent partial disability payments against her employer, Pepsi Bottling Group, is subject to the $60,000 benefit cap in § 8-42-107.5, C.R.S.2004. We affirm.

Claimant suffered an admitted work-related injury to her neck when she slipped and fell on ice...

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