Askew v. Industrial Claim Appeals Office

We granted certiorari to decide whether the court of appeals erred when, in Askew v. Sears Roebuck & Co., 914 P.2d 416 (Colo.App.1995), it affirmed the order of the Industrial Claim Appeals Panel (Panel) to apportion claimant’s medical impairment rating between an asymptomatic, preexisting condition and claimant’s work related injury. Our order granting certiorari set forth the following issue:

Under the Workers’ Compensation Act of Colorado, §§ 8-40-101 to 8-47-209, 3B C.R.S. (1995 Supp.), and particularly § 8-42-104, may the medical impairment rating for a claimant seeking workers’…