Opinion
Aug. 21, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for respondents Director of the Div. of Labor in the Dept. of Labor and Employment of the State of Colo.; and the Industrial Commission of Colo.
Cashen, Cheney, Johnston & Adamson, Thomas F. Cheney, Montrose, for petitioner.
Alious Rockett, Francis L. Bury, Robert S. Ferguson, Denver, for respondents Geriatrics, Inc., and State Compensation Insurance Fund.
SMITH, Judge.
This is an appeal from the final order of the Industrial Commission on a claim for workmen's compensation. Claimant Ady, fractured her hip and injured her back as a result of a fall which occurred during her employment with Geriatrics, Inc., appellee. Liability was admitted by the employer, and hearings were held on the extent of the disability. The referee determined claimant's permanent partial disability at 20 per cent, which determination was affirmed by the commission. Claimant appeals from this order. We affirm.
I
Claimant first contends that the specific and ultimate findings of fact contained in the referee's supplemental order were insufficiently detailed. We have concluded that the findings of the referee are sufficiently detailed to enable this court to determine whether the award was supported by the facts. See Steel Placers, Inc. v. Reese, 169 Colo. 360, 455 P.2d 874; Womack v. Industrial Commission, 168 Colo. 364, 451 P.2d 761.
II
Claimant's second assignment of error is that the finding of 20 per cent disability is not supported by the evidence. The scope of review by this court is limited to the legal question whether the findings of the commission support the award, and whether there is evidence to support the findings. Tillman v. Capitol Hill Transfer and Storage Co., 165 Colo. 514, 440 P.2d 152; Industrial Commission v. C.F. & I. Corp., 135 Colo. 307, 310 P.2d 717. Claimant, relying upon language in C.F. & I. Corp. v. Industrial Commission, 151 Colo. 18, 379 P.2d 153, urges that in reaching its decision, the referee failed to consider the availability of work consistent with the claimant's physical and educational limitations. If such work is unavailable, it is argued, then claimant in reality suffers from permanent total disability.
Cases cited by claimant to support her theory are not controlling. In Colorado Fuel & Iron Corp. v. Industrial Commission, Supra, the Colorado Supreme Court stated that 'the availability of that type of work which (the claimant) can do must be taken into consideration.' However, in that case the claimant had introduced evidence at the hearing which indicated not only his lack of schooling and of other job skills, but primarily his unsuccessful efforts to obtain work following his injury. In New Jersey Zinc Co. v. Industrial Commission, 165 Colo. 482, 440 P.2d 284, there was evidence in the record supporting the referee's determination that the lack of available employment rendered the claimant permanently and totally disabled. Finally, in Lee v. Minneapolis Street Ry., 230 Minn. 315, 41 N.W.2d 433, upon which claimant places primary reliance, the issue was whether evidence that reasonably continuous employment was unavailable to persons suffering from disabilities similar to those of the claimant was properly admitted. The court ruled that the evidence was relevant and material to the issue of disability.
In the case at bar, the claimant has made no showing, nor introduced any evidence to show that there is no available work for a person suffering from her disabilities. In fact, the claimant readily admitted that she had made no attempt to secure such a job. Having reviewed the record, we conclude that there is sufficient evidence to support a finding of 20 per cent permanent partial disability.
Order affirmed.
SILVERSTEIN, C.J., and ENOCH, J., concur.