 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Black Roofing v. West8/6/1998
ury. While specific evidence of a job search may be relevant to that determination, see Lindner Chevrolet v. Industrial Claim Appeals Office, 914 P.2d 496 (Colo. App. 1995), it is just one of the factors that may be considered. The right to TTD benefits is measured by the degree of wage loss attributable to an industrial injury, not by a worker's willingness to seek employment. Denny's Restaurant, Inc. v. Husson, 746 P.2d 63 (Colo. App. 1987).
Here, there was substantial evidence to support the ALJ's determination that claimant's work-related injury interfered with her ability to obtain post-separation employment. See ยง8-43-308, C.R.S. 1997. Claimant testified that her job duties prior to her termination involved lifting 35-to-40-pound buckets of glue, with constant bending, stooping, and twisting, and that she did not feel she had the ability to work after her termination.
This testimony supported the ALJ's determination that there was a causal connection between claimant's injury and her disability. See Apache Corp. v. Industrial Commission, 717 P.2d 1000 (Colo. App. 1986)(ALJ's finding of total disability was supported by claimant's testimony that he was unable to work after the industrial injury).
Additionally, based on his finding that claimant's pre-termination job duties did not comply with the reasonable restrictions appropriate to her condition, the ALJ could logically infer that claimant's termination for fault did not sever the causal connection between her disability and her wage loss. See Suetrack USA v. Industrial Claim Appeals Office, 902 P.2d 854 (Colo. App. 1995).
The order is affirmed.
JUDGE ROTHENBERG and JUDGE TAUBMAN concur.
|