Benchmark/Elite, Inc. v. Simpson; City of Colorado Springs v. Bennett

Summary

The Colorado Supreme Court reviewed consolidated workers’ compensation cases concerning the statutory maximum rate for temporary and permanent disability benefits. The court overruled the portion of Avalanche Industries, Inc. v. Clark holding that “time of injury” could refer to either the time of accident or the time of disablement. It reversed the court of appeals’ remand orders and directed further proceedings in Simpson’s case while reinstating the administrative law judge’s order in Bennett’s case.

Holdings

1. The court overruled section III.C. of Avalanche Industries, Inc. v. Clark and held that its statement that "time of injury" could mean either the time of accident or the time of disablement was unnecessary to that decision and is not controlling.
2. The court left intact the core holding of Avalanche Industries that the discretionary exception permits an ALJ to compute an employee's average weekly wage based on compensation received from a subsequent employer, provided the ALJ does not abuse the discretion granted by the statute.
3. The court vacated the remand for determination of Simpson's time of disablement and remanded the case to the Court of Appeals to return it to the ALJ to determine the remaining issue concerning double payment of temporary total disability benefits.
4. The court vacated the remand for determination of Bennett's time of disablement and remanded the case to the Court of Appeals to reinstate the ALJ's order denying Bennett's requests for increased disability benefits.

Questions Presented

1. Whether the term "time of injury" in the Workers' Compensation Act may refer to the time of disablement rather than the time of the accident for purposes of applying the statutory maximum rate for benefits.
2. Whether section III.C. of Avalanche Industries, Inc. v. Clark was binding where that discussion was unnecessary to the decision in Avalanche Industries.
3. What further proceedings were required in the Simpson and Bennett cases after rejection of the time-of-disablement theory.

Disposition

reversed_and_remanded