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SPADY BROS. v. INDUS. CLAIM APPEALS OFFICE

No. 96CA0895.

942 P.2d 1340 (1997)

SPADY BROTHERS and Colorado Compensation Insurance Authority, Petitioners, v. The INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Martin C. Pasillas-Carmona, Respondents.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing March 6, 1997.

Certiorari Granted August 25, 1997.

Attorney(s) appearing for the Case

Laurie A. Schoder, Carolyn A. Boyd, Colorado Compensation Insurance Authority, Denver, for Petitioners.

Michael W. Seckar, Pueblo, for Respondent Martin C. Pasillas-Carmona.

No Appearance by The Industrial Claim Appeals Office

Opinion by Justice ERICKSON**.

The issue in this workers' compensation case is whether, in determining permanent total disability under § 8-40-201(16.5)(a), C.R.S. (1996 Cum.Supp.), access to employment in the labor market where the claimant resides is a factor to be considered. We conclude that it may not be considered and, therefore, set aside the award of permanent total disability benefits to Martin C. Pasillas-Carmona (claimant...

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