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BERKLEY MOVING & STORAGE CO. v. EUBANK

No. C-926.

566 P.2d 359 (1977)

BERKLEY MOVING AND STORAGE COMPANY, and Division of State Compensation Insurance Fund, Petitioners, v. Paul EUBANK and Industrial Commission of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

June 20, 1977.

Attorney(s) appearing for the Case

William J. Baum, James A. May, Robert S. Ferguson, Denver, for petitioners.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, Asst. Atty. Gen., Denver, for respondent Industrial Commission.

ERICKSON, Justice.

We granted certiorari to review Berkley Moving & Storage Co. v. Eubank, Colo.App., 546 P.2d 961 (1976). We affirm, with the modifications set forth in this opinion.

Respondent Paul Eubank was injured in an industrial accident on January 16, 1971, while employed by Berkley Moving and Storage Company. Eubank filed a claim with the State Compensation Insurance Fund, and three hearings were held before...

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