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BELLENDIR v. KEZER

No. 81SA288.

648 P.2d 645 (1982)

John BELLENDIR, Plaintiff-Appellant, v. John KEZER, as Director of the Colorado Division of Labor; the Colorado Department of Labor and Employment, and the Industrial Commission of Colorado, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 19, 1982.

Attorney(s) appearing for the Case

DeMoulin, Anderson, Campbell & Laugesen, William P. DeMoulin, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Timothy R. Arnold, William J. Higgins, Asst. Atty. Gen., Denver, for defendants-appellees.

DUBOFSKY, Justice.

The plaintiff, John Bellendir, appeals the Denver district court's summary judgment dismissal of his claim challenging the constitutionality of the Colorado Workmen's Compensation Act (Act), section 8-40-101, et seq., C.R.S.1973 and 1981 Supp.1 The district court determined that the failure of the Act to provide for escalation in past workmen's compensation awards to keep pace with inflation does not violate the due...

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