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CURRY v. INDUSTRIAL COM'N

No. 82SC148.

672 P.2d 513 (1983)

James H. CURRY, d/b/a James H. Curry Co., James Curry and Donna Curry, Petitioners, v. The INDUSTRIAL COMMISSION and Its Chairman, Mike L. Baca, Charles J. McGrath, Director, Division of Labor, State of Colorado, The State Compensation Insurance Fund, Merlin A. Wangerin, and Wangerin's Cabinet Shop, Respondents.

Supreme Court of Colorado, En Banc.

November 29, 1983.

Attorney(s) appearing for the Case

Kane, Donley & Wills, Jerry Alan Donley, Colorado Springs, for petitioners.

J.D. McFarlane, Atty. Gen., Tim Arnold, Asst. Atty. Gen., Denver, for respondents Industrial Com'n, Mike L. Baca, Charles J. McGrath, and Div. of Labor.

William J. Baum, Denver, for respondent State Compensation Ins. Fund.

Douglas R. Phillips, Denver, for respondent Merlin A. Wangerin.

KIRSHBAUM, Justice.

We granted certiorari to review a decision of the Court of Appeals which affirmed an order of the Industrial Commission denying insurance coverage to an employee of petitioner, James H. Curry (Curry). See Curry v. Industrial Commission (Colo.App. No. 80CA1264, Nov. 19, 1981) (not selected for official publication). We reverse and remand with directions.

The record reveals the following pertinent events. In December 1976, Curry applied...

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