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MENDISCO & URRALBURA MIN. CO. v. JOHNSON

No. 83CA0866.

687 P.2d 492 (1984)

MENDISCO & URRALBURA MINING COMPANY and State Compensation Insurance Fund, Petitioners, v. Albert JOHNSON and Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 3, 1984.

Certiorari Denied August 20, 1984.

Attorney(s) appearing for the Case

Russell A. Stanley, Denver, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Christa D. Taylor, Asst. Atty. Gen., Denver, for respondent Industrial Com'n.

No appearance for respondent Albert Johnson.

TURSI, Judge.

Petitioners, Mendisco & Urralbura Mining Company and the State Compensation Insurance Fund, seek review of a final order of the Industrial Commission refusing to charge the subsequent injury fund for a portion of claimant's permanent total disability payments in accordance with C.R.S.1963, 81-18-13(2) (now § 8-51-112(2), C.R.S. (1983 Cum.Supp.). We set aside the order, and remand with instructions to...

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