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SPECIALTY RESTAURANTS CORP. v. NELSON

No. 09SC536.

231 P.3d 393 (2010)

SPECIALTY RESTAURANTS CORP. and Colorado Insurance Guaranty Association c/o Western Guaranty Fund Services, Petitioners, v. Stephanie NELSON and Industrial Claim Appeals Office of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

May 10, 2010.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, Kristin A. Caruso, Nancy A. Fitzgerald, Greenwood Village, CO, Attorneys for Petitioners.

The Law Office of Stephanie J. Stevenson, P.C., Stephanie J. Stevenson, Colorado Springs, CO, Attorney for Respondents.

Workers' Compensation Education Association, Susan D. Phillips, Denver, CO, Attorney for Amici Curiae Workers' Compensation Education Association.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this workers' compensation case to determine whether an employee who was injured in 1990, awarded permanent and total disability ("PTD") benefits in 2002, and received a lump sum payment in 2007 is entitled to an additional lump sum payment under a 2007 amendment to section 8-43-406, C.R.S. (2009), of the Colorado Workers' Compensation Act, which increased the maximum aggregate lump sum an...

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