(Download) "Coates" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Coates
- Author : Colorado Supreme Court
- Release Date : January 26, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Petitioners Coates, Reid & Waldron, the Colorado Compensation Insurance Authority, the Colorado Industrial Claim Appeals Office, and the Director of the Department of Labor & Employment seek our review of a decision by the court of appeals, Vigil v. Industrial Claim Appeals Office, 841 P.2d 335 (Colo. App. 1992), which held that the Industrial Claim Appeals Panel's (Panel) final order affirming the order of the Administrative Law Judge (ALJ) was not supported by the applicable law. The ALJ and the Panel determined respondent Maria Vigil's (Vigil) workers' compensation benefits based upon her average weekly earnings for a second, lower-paying temporary employment position, in lieu of also considering those wages earned at the time of Vigil's earlier, higher-paying permanent work position. The court of appeals held that the ALJ's method of determining Vigil's disability benefits did not fairly compensate her for her work-related injuries and therefore, the ALJ should have exercised the discretion accorded him under section 8-47-101(4), 3B C.R.S. (1986) (now codified at section 8-42-102(3), 3B C.R.S. (1992 Supp.)), to compute Vigil's benefits in a more equitable manner; specifically, that court held that the ALJ should have calculated Vigil's compensation benefits based upon her average weekly wage in effect at the time of her first employment assignment, rather than her second assignment.
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