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KERSTING v. INDUSTRIAL COMMISSION

No. 76-734.

567 P.2d 394 (1977)

Thirza E. KERSTING, Petitioner, v. INDUSTRIAL COMMISSION of Colorado and John I. Lay, Director of the Division of Labor, State Compensation Insurance Fund, and D. C. Burns Realty and Trust Company, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 26, 1977.

Attorney(s) appearing for the Case

George T. Ashen, John F. Griebel, Denver, for petitioner.

James A. May, Francis L. Bury, Robert S. Ferguson, Denver, for respondents State Compensation Insurance Fund, and D. C. Burns Realty and Trust Co.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Asst. Atty. Gen., Edward G. Donovan, Sol. Gen., Louis L. Kelley, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado, and John I. Lay, Director of the Division of Labor.

KELLY, Judge.

The claimant Thirza Kersting, seeks review of an Industrial Commission order finding her ineligible for relief under the Workmen's Compensation Act. The Industrial Commission denied benefits when it determined sua sponte that the claim was barred by § 8-52-105(2), C.R.S. 1973. We set aside the order.

The claim stems out of an incident occurring in December 1973. At that time, the claimant...

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