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Grisbaum v. Industrial Claim Appeals Office of the State of Colorado2/24/2005
found that: (1) the termination statutes "appl to employee TTD claims made after an injured worker returns to modified employment and subsequently quits or is fired for cause"; (2) " he General Assembly enacted section 8-42-105(4) to address situations where an injured worker returns to modified employment, then leaves that employment voluntarily or is terminated for cause and, as a result, suffers wage loss"; and (3) " he General Assembly . . . was concerned about abuse of the modified employment and injury compensation goals of the Act." Anderson v. Longmont Toyota, Inc., supra, 102 P.3d at 325, 327, 331 (emphasis added).
However, we do not interpret these statements as limiting the application of the statutes to claims involving modified employment. We conclude that the holding in Anderson applies equally to scenarios involving, as here, a worsening of condition or the development of a disability after the termination. See Colo. Springs Disposal v. Indus. Claim Appeals Office, 58 P.3d 1061, 1064-65 (Colo. App. 2002)(applying termination statutes in a case involving regular, not modified, employment).
Because the ALJ here found that the industrial injury caused claimant's inability to work beginning in May 2002, we conclude claimant is entitled to an award of TTD benefits even though his resignation was voluntary. See Anderson v. Longmont Toyota, Inc., supra.
The order of the Panel is set aside, and the case is remanded to the Panel with instructions to remand to the ALJ for an appropriate award of TTD benefits.
JUDGE ROTHENBERG and JUDGE TAUBMAN concur.
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