Benchmark/elite, Inc., and Colorado Insurance Guaranty Association, Petitioners v. Richard Simpson, Respondent And…

Summary

The court held that the meaning of “time of injury” as including either the accident date or the later date of disablement was unnecessary to the prior decision that adopted it and therefore overruled that portion of the prior opinion. Because the court of appeals relied on that reasoning to award potentially higher statutory benefit caps, the court reversed that interpretation, vacated the remand orders, and directed case-specific further proceedings. Justice COATS, joined by Justice EID, concurred in overruling the challenged section but maintained that the remaining rationale concerning the discretionary average-wage exception was weakened and should be reconsidered.