EISNACH v. INDUSTRIAL COM'N OF STATE OF COLO.

No. 80CA0612.

633 P.2d 502 (1981)

Ralph EISNACH, Petitioner, v. The INDUSTRIAL COMMISSION OF the STATE OF COLORADO, Harvey L. Rubenstein, Richard J. Weiss, Paul H. Leibowitz, and Mike L. Baca, individually and as members of the Industrial Commission of the State of Colorado, Peter Kiewit Sons Construction, and Batjer-Wetzel Company, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 4, 1981.

Certiorari Denied September 8, 1981.


Attorney(s) appearing for the Case

Feder, Morris & Tamblyn, P. C., Harold A. Feder, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., William Levis, Asst. Atty. Gen., Denver, for Respondent Industrial Commission of Colorado.

Watson, Nathan & Bremer, P. C., Peter Watson, Denver, for respondents Peter Kiewit Sons Construction and Batjer-Wetzel Co.


KIRSHBAUM, Judge.

Claimant, Ralph Eisnach, seeks review of a final order of the Industrial Commission which denied him an award of permanent disability benefits. He contends that pursuant to § 8-53-106(1), C.R.S.1973, a referee may not reverse his initial finding and order without a further evidentiary hearing, and that there was insufficient evidence to sustain the Commission's findings. We disagree and affirm.

Claimant worked as a heavy equipment mechanic...

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