City of Loveland Police Department v. Industrial Claim Appeals Office

Judge GRAHAM

concurring in part and dissenting in part.

While I concur in the statutory interpretation contained in Part TV of the majority opinion, I disagree with the conclusion that an award of benefits was proper. I would remand for a new evidentiary hearing.

I dissent because I discern no substantial evidence in the record which would meet the burden of proving compensable mental impairment under § 8-41-301(2)(a), C.R.S.2005. The two clauses of that section require that in cases of mental impairment, a claimant show that he or she suffered “a recognized, permanent disability ... arising out…