In Hargon, the Industrial Claims Appeals Office (the Panel) found no reversible error in the ALJ’s exercise of discretion regarding calculation of the claimant’s average weekly wage (AWW). The Panel affirmed that the ALJ correctly cited the law and reasonably declined to base the claimant’s AWW on speculative future earnings.
In Cardona, the Industrial Claims Appeals Office (the Panel) affirmed the ALJ’s decision to award $18,000 in penalties under § 8-43-304(1), C.R.S. for failure to timely file a final admission of liability in accordance with WCRP 5-5(E).
On August 4, 2022, the claimant was assaulted in a road rage incident while working as a utility meter reader. He sustained a traumatic, incomplete tear of the right rotator cuff, requiring shoulder replacement surgery and biceps tenodesis.
The average monthly wage should reflect the injured worker’s actual monthly earning capacity.
