Subsequent Injury Fund v. Industrial Claim Appeals Office of Colorado

Opinion by

Judge METZGER.

The Subsequent Injury Fund (SIF) seeks review of a final order of the Industrial Claim Appeals Office (Panel) which affirmed a retroactive increase in disability benefits for the occupational disease suffered by Clarence Reed (claimant). We affirm.

In 1988, claimant became permanently disabled by silicosis, an occupational disease. His award of benefits was based on his 1962 wages, that being the time of his last injurious exposure leading to the disease. After the decision in Henderson v. RSI, Inc., 824 P.2d 91 (Colo.App.1991) was announced, the claimant was allowed to…