VAIL ASSOCIATES, INC. v. WEST

No. 82CA0077.

661 P.2d 1187 (1982)

VAIL ASSOCIATES, INC., and Valley Forge Insurance Company, Petitioners, v. Robert Dean WEST and Industrial Commission of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing December 23, 1982.

Certiorari Granted April 18, 1983.


Attorney(s) appearing for the Case

Knapp & Lee, P.C., Robert A. Weinberger, Denver, for petitioners.

Greengard, Blackman & Senter, Lawrence D. Blackman, Robert J. Thomas, Denver, for respondent Robert Dean West.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Lynn Palma, Asst. Atty. Gen., Denver, for respondent Indus. Com'n.


STERNBERG, Judge.

The determinative issue in this review is whether worker's compensation benefits are available to an employee where injury results in permanent partial disability which prevents him from performing his job, but where the employee obtains other employment at a higher salary. The Industrial Commission awarded benefits and we affirm.

The claimant was employed by Vail Associates as a ski instructor during the winter. He also painted houses during...

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