CASA BONITA RESTAURANT v. INDUSTRIAL COM'N

No. 82CA0890.

677 P.2d 344 (1983)

CASA BONITA RESTAURANT, and Liberty Mutual Insurance Company, Petitioners, v. INDUSTRIAL COMMISSION OF THE STATE OF COLORADO, Director, Department of Labor and Employment, Division of Labor, State of Colorado, and Deborah D. Penn, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 28, 1983.


Attorney(s) appearing for the Case

Zarlengo, Mott & Zarlengo, Tama L. Levine, Denver, for petitioners.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Patricia Blizzard, Asst. Atty. Gen., Denver, for respondent Industrial Com'n of Colorado.

Marlin W. Burke, Wheatridge, for respondent Deborah D. Penn.


SILVERSTEIN,* Judge.

Petitioners seek review of an Industrial Commission order which determined that claimant, Deborah Penn, was a minor on the date she sustained the injury which resulted in her permanent total disability. We affirm.

It is undisputed that on the date of the injury claimant was twenty years, six weeks old; that the date of the injury is the determinative date; and that if claimant, under the law, was a minor on...

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