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LORI'S FAM. DIN. v. INDUS. CLAIM APPEALS

No. 95CA0216.

907 P.2d 715 (1995)

LORI'S FAMILY DINING, INC., and Colorado Compensation Insurance Authority, Petitioners, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Christopher Bingham, Respondents.

Colorado Court of Appeals, Div. C.

Rehearing Denied October 12, 1995.

Attorney(s) appearing for the Case

Colorado Compensation Insurance Authority, Michael J. Steiner, Denver, for petitioners.

No appearance for the Industrial Claim Appeals Office.

Crane and Tejada, Bethiah Beale Crane, Douglas R. Ware, Durango, for respondent Christopher Bingham.

Opinion by Judge HUME.

The sole issue in this review from an order of the Industrial Claim Appeals Panel is whether claimant's injury, which occurred while he became involved in horseplay with co-employees, arose out of his employment. A divided division of the Panel concluded that it did, and affirmed the order of the Administrative Law Judge (ALJ) awarding benefits. We affirm.

The following facts are undisputed. Christopher Bingham (claimant) was employed...

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