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FILIPPONE v. INDUSTRIAL COMMISSION

No. 78-271.

590 P.2d 977 (1978)

Anthony FILIPPONE, Petitioner, v. INDUSTRIAL COMMISSION of Colorado, Robert J. Ore, Director of the Colorado Division of Labor, State Compensation Insurance Fund and Western Paving Construction Company, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 12, 1978.

Certiorari Denied February 13, 1979.

Attorney(s) appearing for the Case

Maley, Perry & Schiff, P. C., John T. Maley, Denver, for petitioner.

Richard G. Fisher, Jr., Fred B. Dudley, Denver, for respondents State Compensation Ins. Fund and Western Paving Const. Co.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David L. Lavinder, Asst. Atty. Gen., Denver, for respondent Industrial Commission.

STERNBERG, Judge.

The claimant, Anthony Filippone, seeks review of a final order of the Industrial Commission awarding him temporary total disability benefits. He contends that he should have been awarded the maximum compensation under the statute, rather than the $44.33 per week that he was awarded. We agree and set aside the order.

At the time of his injury, Filippone was working as a truck driver for the Western Paving Construction Company, insured by the...

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