Spady Bros. v. 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-Carmo-na (claimant) and remand with directions.

Claimant sustained a compensable back injury while working as a farm laborer for Spady Brothers (employer). The Administrative Law…