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DILLARD v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 05SC494.

134 P.3d 407 (2006)

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

Supreme Court of Colorado, En Banc.

May 15, 2006.

Attorney(s) appearing for the Case

Killian, Guthro & Jensen, P.C., Joanna C. Jensen, Damon Davis, Barbara R. Butler, Grand Junction, for Petitioner.

Gregory B. Cairns, Denver, for Respondent Pepsi Bottling Group.

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

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

McElroy, Deutsch, Mulvaney & Carpenter, LLP, Thomas L. Kanan, Alice Q. Hosley, Denver, for Amicus Curiae Colorado Civil Justice League.

Clisham, Satriana & Biscan, L.L.C., Patricia Jean Clisham, Keith E. Mottram, Denver, for Amicus Curiae Colorado Self Insurer's Association.

Justice EID does not participate.

HOBBS, Justice.

We granted certiorari to review the court of appeals decision in Dillard v. Industrial Claim Appeals Office, 121 P.3d 301 (Colo. App.2005).1 The issue in this case is whether a claimant may combine a mental impairment rating with a physical impairment rating for the purpose of exceeding the then-applicable sixty thousand dollar cap in favor of the one hundred twenty thousand dollar...

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