WEAVER-BEATTY MOTOR COMPANY v. BILLEN

No. 75-261.

541 P.2d 120 (1975)

WEAVER-BEATTY MOTOR COMPANY, and Division of State Compensation Insurance Fund, Petitioners, v. Bobby Lee BILLEN, and Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

September 23, 1975.


Attorney(s) appearing for the Case

James A. May, Francis L. Bury, R. S. Ferguson, Denver, for petitioners.

J. D. MacFarlane, Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colo.

No appearance for respondent Bobby Lee Billen.


Selected for Official Publication.

ENOCH, Judge.

This is a review of an order of the Industrial Commission holding that, since the Division of State Compensation Insurance Fund (State Fund) has, through its subrogation rights, recovered part of its expenditure for medical services rendered to a workmen's compensation claimant, the State Fund has not exhausted the statutory limits of its liability to that claimant. We set aside the order and remand the cause...

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