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EMPIRE OLDSMOBILE, INC. v. McLAIN

No. 20275.

379 P.2d 402 (1963)

EMPIRE OLDSMOBILE, INC., State Compensation Insurance Fund, and the Industrial Commission, Plaintiffs in Error, v. Ralph E. McLAIN, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied March 18, 1963.

Attorney(s) appearing for the Case

Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred B. Dudley, Francis L. Bury, Denver, for plaintiffs in error State Compensation Insurance Fund and Empire Oldsmobile, Inc.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for plaintiff in error Industrial Commission.

Williams, Erickson & Brown, Denver, for defendant in error.

SUTTON, Justice.

The sole question presented by this writ of error is whether the Industrial Commission, herein referred to as the commission, was correct in apportioning its award for McLain's present back injury incurred while he was working for Empire Oldsmobile, Inc., between his present injury and several prior injuries?

The record discloses that McLain injured his back in an industrial accident on May 23, 1960...

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