Salazar v. Industrial Claim Appeals Office of Colorado

Opinion by

Judge NEY.

The sole issue in this case is whether a workers' compensation claimant who receives permanent total disability (PTD) benefits at the maximum capped rate, as set forth in §§ 8-42-105(1) and 8-42-111(1), C.R.S.1999, is also entitled to the cost of living adjustment (COLA) provided by § 8-42-111(4), C.R.S$.1999. Because we conclude that the COLA adjustment is not subject to the benefit cap, we therefore set aside the order of the Industrial Claim Appeals Office (Panel) denying Frank J. Salazar (claimant) increased PTD benefits and remand to the panel to order that claimant…