Opinion by
This wоrkers' compensation case concerns the calculation of a claimant's average weekly wage (AWW) after the claimant is terminated from employment and the employer discontinuеs its partial funding of group health insurance. The primary issue is whether the amount of only the partial premium the employer previously paid for health insurance should be included in the AWW, or whether the portion of the premium previously paid by the claimant should also be included. We conclude that the AWW should include the amounts contributed by both the employer and the claimant. Therefore, we affirm the order of the Industrial Claim Appeals Office (Panel) that calculated the AWW using the entire amount of the health insurance premium, which, during employment, had been jointly funded by claimant, Teresa L. Osin-ski, and her employer, Humane Society of the Pikes Peak Region.
The facts are undisputed. During claimant's employment, employer provided claimant with group medical insurance. The monthly premium for an individual policy was $124.26, of which employer paid $104.74 and claimant paid $19.52. Claimant also paid $104.74 for dependent coverage, for a total monthly premium of $229. Dental insurance for claimant and her family was also provided, of which employer paid $47.59 per month and claimant funded the remaining $32.56.
Claimant suffered an admitted injury in November 1997. When modified employment was no longer available, her employment was terminated. At that time, the cost оf continuing health insurance coverage remained $229 per month, and dental coverage remained $80.15. Employer and its insurer, Colorado Compensation Insurance Authority (collectively CCIA), admitted liability for temporary disability benefits. However, because of the disagreement as to how much of the insurance premium would be included in the AWW, the parties were unable to agree on the rate at which the bеnefits would be paid under §§ 8-42-102(1)(AWW is basis for compensation payments), 8-42-105(1), and 8-42-106(1), (setting forth formula for computing temporary total and temporary partial disability benefits), C.R.8.2000.
Rejecting the argument that only that portion оf the premium paid by employer may be included in claimant's AWW, the Administrative Law Judge (ALJ) included the full $229 per month, or $52.85 per week, for health insurance. An additional amount of $18.50 per week was included in the AWW for dental insurаnce. The Panel affirmed the *548 decision to include these amounts in the AWW.
I.
CCIA contends that it should not be required to make a greater contribution to claimant's insurance after termination than it did during her period of employment. Thus, it argues that claimant's AWW should include only the amount of the premium that employer paid, rather than also including the amount of her personal contribution prior to termination. We disagree.
Section 8-40-201(19)(b), C.R.S.2000, provides that, "the term 'wagеs' shall include the amount of the employee's cost of continuing the employer's group health insurance plan and, upon termination of the continuation, the employee's cost of conversion to a similar or lesser insurance plan. ..."
Statutes must be construed in such manner as to further the legislative intent with which they were enacted. Salazar v. Industrial Claim Appeals Office, 10 P.8d 666 (Colo.App.2000). To discern the intent of the General Assembly, we must first examine the language of the statute. United Airlines, Inc. v. Industrial Claim Appeals Office,
Here, we agree with the Panel that the plain and ordinary meaning of § 8-40-201(19)(b) is clear and unambiguous. See Miller v. Industrial Clain Appeals Office,
This interpretation is consistent with Schelly v. Industrial Claim Appeals Office,
Without question, "the employee's cost of continuing the employer's group health insurance plan" is broad and could encompass several factual cireumstances favorable to either a claimant, as here, or an employer, as in Schelly. However, legislating with a broad stroke does not necessarily equate with ambiguity. Seе B & B Livery v. Riehl,
We recognize that this construction arguably creates a potential windfall for claimant, since her portion оf the insurance premium was not part of the amount she was recompensed for her services. See § 8-40-201(19)(a), C.R.S.2000. However, since a windfall could favor either party, as demonstrated by the comparison between this case and Schelly, we are not persuaded by this argument. Further, because claimant re *549 ceives only two-thirds of the AWW as compensation, the "windfall" here does not replace the еntire loss.
Furthermore, the General Assembly enacted § 8-40-201(19)(b) to ensure that the claimant has sufficient funds available to purchase health insurance, regardless of whether the cost is more or less than the employer's cost of providing similar insurance. See Schelly v. Industrial Claim Appeals Office, supra. The legislature apparently determined that this goal could not be achieved unless the claimant's AWW and resulting tеmporary disability rate are increased to reflect the claimant's cost of obtaining similar or lesser insurance. Indeed, when the employer stops insurance contributions, the claimant may lose thе advantage of group rates and be forced to purchase insurance at higher individual rates. To some extent, the statute ameliorates this consequence.
We also note that prior to 1989 the term "wages" included the reasonable value of board, rent, housing, lodging, or any other similar employer-paid fringe benefits. In 1989, § 8-40-201(19)(b) was amended to narrow the definition of "wages" to exclude "any similar advantage or fringe benefit not specifically enumerated." See City of Lamar v. Koehn,
Although CCIA argues that State Compensation Insurance Authority v. Smith,
We recognize that Schelly did not involve the exact circumstances аs here, since there was no indication in that case that the claimant paid for part of the premium. Here, claimant paid more than half of the insurance premium to cover both herself and her dependents. However, that difference does not lead us to change the result, because, had the legislature intended to exclude the cost of the employee's personal contribution from the calculation of the AWW, or to exclude dependent coverage, it could have done so by adopting language that only the cost of the employer's contribution, or only the cost of the employee's individual health insurance coverage, is included. See Nelson v. Industrial Claim Appeals Office,
Therefore, insofar as employer paid for only a portion of claimant's coverage, yet allowed her to purchase additional coverage, the statute requires thаt the "cost of conversion" include the total cost of all the coverage she purchased.
II.
CCIA also contends that claimant must establish that she has actually obtained continuing dental coverage before she is entitled to reimbursement by way of an increased AWW. We disagree.
We note that the record contains no evidence concerning whether claimant has or has not purchased сontinuing dental insurance. However, even if it did, the statute does not require proof that the claimant has actually purchased coverage. When and where to purchase coverage is a decision for the claimant. The statute merely seeks to ensure that the claimant will have funds available to make the purchase.
The order of the Panel is affirmed.
