Legal Opinion

McKinney v. Industrial Claim Appeals Office of the State of Colorado

Colorado Court of Appeals

Decided February 9, 1995No. 93CE0021PublishedCited by 19 opinions

1Opinion of the Court

Opinion by

Judge CRISWELL.

In this workers’ compensation case, the issue presented is whether the definition of permanent total disability contained in § 8-40-201(16.5)(a) (1994 Cum.Supp.) disqualifies a claimant from receiving permanent total disability benefits if the claimant is capable of earning wages in “any” amount. We conclude that it does, and therefore, we affirm the order of the Industrial Claim Appeals Office (Panel).

The claimant, Caroline R. McKinney, age 60, worked for 18 and ½ years for J.C. Penney Co., Inc. As a result of her employment, she developed bilateral shoulder and knee…

2Cases cited13 opinions

  1. Frohlick Crane Service, Inc. v. MacKSupreme Court of Colorado · 1973
  2. Bellendir v. KezerSupreme Court of Colorado · 1982
  3. Byouk v. Industrial CommissionSupreme Court of Colorado · 1940
  4. Subsequent Injury Fund v. ThompsonSupreme Court of Colorado · 1990
  5. Naiden v. EppsColorado Court of Appeals · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Christie v. Coors Transportation Co.Supreme Court of Colorado · 1997
  2. Weld County School District Re-12 v. BymerSupreme Court of Colorado · 1998
  3. Dillard v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2005
  4. Best-Way Concrete Co. v. BaumgartnerColorado Court of Appeals · 1995
  5. Christie v. Coors Transportation Co.Colorado Court of Appeals · 1996

14 more not listed; retrieve them via the Exa API.

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