VAIL ASSOCIATES, INC. v. WEST

No. 83SC5.

692 P.2d 1111 (1984)

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

Supreme Court of Colorado, En Banc.

December 17, 1984.


Attorney(s) appearing for the Case

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

Lawrence D. Blackman, Denver, for respondent West.

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Lynn L. Palma, Asst. Atty. Gen., Denver, for respondent Industrial Comn.


QUINN, Justice.

We granted certiorari to review the decision of the court of appeals in Vail Associates, Inc. v. West, 661 P.2d 1187 (Colo.App. 1982), which upheld an award by the Industrial Commission of permanent partial disability benefits to the claimant, Robert Dean West. The court of appeals held that West was entitled to permanent partial disability benefits even though his post-injury earnings were higher than his earnings...

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