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Anderson v. Longmont Toyota12/6/2004
JUDGMENT REVERSED
EN BANC
JUSTICE COATS dissents.
In these workers' compensation cases, we address two certiorari issues involving temporary total disability (TTD) benefit provisions in section 8-42-105(4) of the Workers' Compensation Act of Colorado, §§ 8-40-101 to 8-47-209, C.R.S. (2004)("Act"). At issue are competing constructions of this section by the Industrial Claim Appeals Office (ICAO) and the Colorado Court of Appeals.
The statute recites that, " n cases where it is determined that a temporarily disabled employee is responsible for termination of employment, the resulting wage loss shall not be attributable to the on-the-job injury." § 8-42-105(4), C.R.S. (2004)(emphasis added).
This provision applies to employee TTD claims made after an injured worker returns to modified employment and subsequently quits the employment or is fired for cause.
The ICAO construed section 8-42-105(4) as barring TTD wage loss claims when the voluntary or for-cause termination of the modified employment causes the wage loss, but not when the worsening of a prior work-related injury causes the wage loss.
The court of appeals construed this provision as an absolute bar to all subsequent TTD claims involving the employer and the employee. Accordingly, it ordered denial of the worsening condition TTD benefits to the employees in the two cases before us, Longmont Toyota v. Indus. Claim Appeals Office, 85 P.3d 548 (Colo. App. 2003) ("Longmont Toyota") and Sorter Constr. Inc. v. Indus. Claim Appeals Office, No. 03CA0279, slip op. (Colo. App., Dec. 18, 2003) (not selected for official publication) ("Sorter Construction").
We agree with the ICAO and reverse the judgments of the court of appeals. We hold that section 8-42-105(4) bars TTD wage loss claims when the voluntary or for-cause termination of the modified employment causes the wage loss, but not when the worsening of a prior work-related injury causes the wage loss.
I.
A. Longmont Toyota
Longmont Toyota involves a workers' compensation claim for a worsened condition that arose subsequent to claimant's voluntary resignation from the injury-related employment. Claimant, Andrew Anderson, sustained a low-back injury on June 5, 2000 while employed as a mechanic at Longmont Toyota, Inc. He was restricted from work by his authorized physician and returned to modified light duty at Longmont Toyota with full salary on July 26, 2000. Shortly afterwards, Anderson had a dispute with his employer and voluntarily resigned.
One week later, Anderson obtained employment with Century Chevrolet under the same restrictions to which he was subject at Longmont Toyota. He performed his duties until September 13, 2000 when his condition worsened. Anderson saw an authorized physician who increased his physical restrictions to "seated position only with no bending, twisting or lifting activities." Because a mechanic cannot perform his job in this manner, Anderson could no longer continue his job at Century Chevrolet. He resigned and sought temporary total disability benefits from Longmont Toyota commencing September 13, 2000. Although the doctor concluded Anderson would not have been able to work at modified employment had he still been at Longmont Toyota, Longmont Toyota refused to pay for TTD benefits or medical treatment.
Following an evidentiary hearing, the Administrative Law Judge (ALJ) determined that Anderson was responsible for terminating his Longmont Toyota employment; his worsened condition was due to the natural progression of his industrial injury incurred at Longmont Toyota; and there was no intervening cause
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