Coates, Reid & Waldron v. Vigil

856 P.2d 850, 17 Brief Times Rptr. 1292, 1993 Colo. LEXIS 650, 1993 WL 276160
CourtSupreme Court of Colorado
DecidedJuly 26, 1993
Docket92SC489
StatusPublished
Cited by31 cases

This text of 856 P.2d 850 (Coates, Reid & Waldron v. Vigil) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coates, Reid & Waldron v. Vigil, 856 P.2d 850, 17 Brief Times Rptr. 1292, 1993 Colo. LEXIS 650, 1993 WL 276160 (Colo. 1993).

Opinions

Justice SCOTT

delivered the Opinion of the Court.

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 [852]*852a 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 (AU) was not supported by the applicable law. The AU 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 AU’s method of determining Vigil’s disability benefits did not fairly compensate her for her work-related injuries and therefore, the AU 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 AU 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.

We find that the record fails to indicate if, in computing Vigil’s benefits, the AU considered whether employing her average weekly wage based upon her second, lower-paying temporary position produced an equitable result. We therefore find that the AU’s order is inconsistent with section 8-47-101(4), a statutory provision which accords an AU broad discretion in situations where the standard methods of computing the average weekly wage of the injured employee are inequitable. Accordingly, we affirm the court of appeals decision setting aside the Panel’s final order, on the ground that the basis for that order is not supported by the applicable law. We also find, however, that the court of appeals erroneously substituted its judgment for that of the AU when that court specifically directed the AU to calculate Vigil’s compensation award based upon her average weekly wage earned during her first employment position. Thus, without setting out the precise computational method to be employed by the AU in his formulation of Vigil’s compensation award, we direct the court of appeals to remand the cause to the Panel with instructions to remand to the AU for a re-calculation of Vigil’s benefits in a manner that will assure a fair and equitable result, pursuant to the discretion accorded an AU in section 8-47-101(4).

I.

In 1980, respondent Maria Vigil became employed as a maid/housekeeper for petitioner Coates, Reid & Waldron, an owner of vacation condominiums. In September, 1987, Vigil sustained a work-related injury; at the time of the injury, Vigil’s average weekly wages were roughly $418.00 per week. After a period of temporary total disability, Vigil returned to work at Coates, Reid & Waldron, but because her work-related injuries precluded her from continuing her work as a maid/housekeeper, in January, 1988, she was assigned to work as a laundry worker, performing light-duty tasks only. In this employment capacity, Vigil earned approximately $290.00 per week, a nearly 31% decrease in earnings from that earned as a maid/housekeeper. A few months later, in March, 1988, Vigil incurred a second work-related injury, and as a result of this injury, was unable to return to work in any capacity.

Vigil subsequently filed for workers’ compensation disability benefits and was awarded temporary total disability benefits based on her wages at the time of her original injury. Vigil reached maximum medical improvement from both injuries in August, 1990. In September, 1990, the AU ruled that Vigil suffered from a permanent total disability as a result of the two injuries. The AU specifically found that

upon a consideration of all the evidence ... the claimant’s original injury contributes to the claimant’s permanent total disability at the rate of 80% and ... the [second injury] contributes to the claimant’s permanent total disability at the rate of 20%.
[853]*853The claimant’s average weekly wage at the time she sustained injuries from the [second injury] was $290.00. Since it has been determined that the [second injury] contributed to her permanent and total disability, it is concluded that her average weekly wage for the computation of permanent total disability benefits is $290.00.

(Emphasis added.) Presumably, the ALJ’s basis for employing the amount of Vigil’s weekly earnings at the time of her second injury for the purpose of computing Vigil’s permanent and total disability compensation was section 8-47-102(1), 3B C.R.S. (1986) (now codified with changes at section 8-42-104(1), 3B C.R.S. (1992 Supp.)). That section provides that, for purposes of determining compensation for a later, independent industrial injury incurred by a worker, the ALT is to apply the average weekly wage earned by the worker at the time of that later injury.1

Vigil subsequently sought review of the order of the AU, contending first, to a Panel of the Industrial Claim Appeals Office, that she was entitled to permanent partial disability benefits for her disability resulting from the original injury, in addition to the permanent total disability benefits, and next, that in any event, her benefits should be computed in a manner that would fairly compensate her for her loss of wage-earning capacity resulting from her first injury. The Panel disagreed with Vigil and affirmed the AU’s order on the grounds that

at the time [Vigil’s] condition attributable to the first injury stabilized, she became eligible for an award of permanent total disability. Hence, she is not entitled to a separate award for permanent partial disability. The rationale for this holding is that “at a given moment in time, a person can be no more than totally disabled.” Kehm v. Continental Grain, quoting 2 A. Larson, The Law of Workmen’s Compensation, section 59.41 (1986). The fact that the claimant returned to work with a substantial wage loss after her first injury thereby reducing her rate of compensation for permanent total disability does not alter the result that she may not be compensated for more than she is entitled to for her permanent total disability.

Vigil then appealed the Panel’s decision to the court of appeals. That court agreed with the AU and the Panel that Vigil was not entitled to concurrent permanent partial and permanent total disability benefits, inasmuch as “an injured worker with successive injuries may not receive permanent partial disability benefits once payment of permanent total disability benefits commences.” Vigil, 841 P.2d at 336 (citing Kehm v. Continental Grain, 756 P.2d 381 (Colo.App.1987)).2 Notwithstanding this conclusion however, the court of appeals set aside the final order of the Panel on the grounds that

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Russell v. Dept of Local Affairs
Colorado Court of Appeals, 2026
Hargon v. ICAO
Colorado Court of Appeals, 2026
Nanez v. Indus
2018 COA 162 (Colorado Court of Appeals, 2018)
Dami Hospitality, LLC v. Industrial Claim Appeals Office
2017 COA 21 (Colorado Court of Appeals, 2017)
Kilpatrick v. Industrial Claim Appeals Office
2015 COA 30 (Colorado Court of Appeals, 2015)
Zerba v. Dillon Companies
2012 COA 78 (Colorado Court of Appeals, 2012)
DeBELLA v. People
233 P.3d 664 (Supreme Court of Colorado, 2010)
BENCHMARK/ELITE, INC. v. Simpson
232 P.3d 777 (Supreme Court of Colorado, 2010)
Avalanche Industries, Inc. v. Clark
198 P.3d 589 (Supreme Court of Colorado, 2009)
Avalanche Industries, Inc. v. Industrial Claim Appeals Office
166 P.3d 147 (Colorado Court of Appeals, 2007)
Bell v. Industrial Claim Appeals Office
93 P.3d 584 (Colorado Court of Appeals, 2004)
Davison v. Industrial Claim Appeals Office
84 P.3d 1023 (Supreme Court of Colorado, 2004)
Colorado Department of Labor & Employment v. Esser
30 P.3d 189 (Supreme Court of Colorado, 2001)
Pizza Hut v. Industrial Claim Appeals Office of the State
18 P.3d 867 (Colorado Court of Appeals, 2001)
Reed v. Industrial Claim Appeals Office of Colorado
13 P.3d 810 (Colorado Court of Appeals, 2000)
Renaissance Salon v. Industrial Claim Appeals Office of Colorado
994 P.2d 447 (Colorado Court of Appeals, 1999)
Industrial Claim Appeals Office v. Orth
965 P.2d 1246 (Supreme Court of Colorado, 1998)
Schelly v. Industrial Claim Appeals Office
961 P.2d 547 (Colorado Court of Appeals, 1997)
Colorado Real Estate Commission v. Hanegan
947 P.2d 933 (Supreme Court of Colorado, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
856 P.2d 850, 17 Brief Times Rptr. 1292, 1993 Colo. LEXIS 650, 1993 WL 276160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-reid-waldron-v-vigil-colo-1993.