BANKS v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 89CA0301.

794 P.2d 1062 (1990)

Laura Ann BANKS, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the State of Colorado; State of Colorado, Division of Labor; Rocky Flats; and Travelers Insurance Company, Respondents.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 22, 1990.

Certiorari Denied July 30, 1990.


Attorney(s) appearing for the Case

Green & Josefiak, P.C., Mary M. Josefiak, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Paul H. Chan, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office and Div. of Labor.

Blackman & Levine, Lawrence D. Blackman, Denver, for respondents Rocky Flats and Travelers Ins. Co.


Opinion by Judge CRISWELL.

Claimant, Laura Ann Banks, seeks review of an order of the Industrial Claim Appeals Office (Panel) denying her claim for workmen's compensation benefits from her employer, Rocky Flats. The Panel's decision left intact the conclusion by the administrative law judge (ALJ) that Colorado law prohibits a recovery of benefits by an employee who suffers injuries at the hands of a co-employee as a result of a physical altercation if the claimant...

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