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IML FREIGHT v. INDUSTRIAL COM'R OF STATE

No. 82CA1115.

676 P.2d 1205 (1983)

IML FREIGHT, INC., and Transport Underwriters Company, Petitioners, v. INDUSTRIAL COMMISSION OF the STATE OF COLORADO, Director, Department of Labor and Employment, Division of Labor, State of Colorado and David Garcia, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 30, 1983.

Certiorari Denied January 30, 1984.

Attorney(s) appearing for the Case

Greengard, Blackman & Senter, Lawrence D. Blackman, Scott R. Cook, Denver, for petitioners.

Douglas R. Phillips, Denver, for respondent David Garcia.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for respondents Indus. Com'n, Dept. of Labor and Employment, and Div. of Labor.

STERNBERG, Judge.

IML Freight, Inc., (the employer) and Transport Underwriters Co. seek review of a final order of the Industrial Commission awarding permanent total disability benefits to the claimant, David Garcia. We affirm.

Garcia was employed as a line driver by IML. He made bi-weekly trips between Denver and Chicago accompanied by a partner. From January 1980 until April 23, 1980, he worked approximately 105 hours

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