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PETRAFECK v. INDUSTRIAL COMMISSION

No. 26893.

554 P.2d 1097 (1976)

In the Matter of Kay PETRAFECK, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado et al., Respondents.

Supreme Court of Colorado, En Banc.

September 27, 1976.

Attorney(s) appearing for the Case

Hoyman, Nanney & Dixon, P.C., John Hoyman, John F. Garrity, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, John Kezer, Deputy Attys. Gen., Edward G. Donovan, Sol. Gen., Louis L. Kelley, Asst. Atty. Gen., Denver, for respondent Industrial Com'n of the State of Colo.

Fred B. Dudley, Richard G. Fisher, Jr., Denver, for respondent the State Compensation Ins. Fund.

ERICKSON, Justice.

Kay Petrafeck suffered a serious injury while employed as a waitress at the Albany Hotel. She filed a workmen's compensation claim and obtained an award for compensation and medical benefits. The referee did not consider tips in computing her average weekly wages. As a result, she sought review by the Industrial Commission to obtain an award which would take into consideration the tips which she received as a waitress. She contends that

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