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ORR v. INDUSTRIAL COM'N

No. 83CA0329.

691 P.2d 1145 (1984)

In the Matter of the Claim of Curtis W. ORR; Delta County, and/or Colorado Department of Corrections, and State Compensation Insurance Fund, Petitioners, v. INDUSTRIAL COMMISSION of the State of Colorado, and Charles McGrath, Director of the Division of Labor, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 5, 1984.

Certiorari Granted November 19, 1984.

Attorney(s) appearing for the Case

George T. Ashen, James E. Freemyer, Denver, for petitioner Curtis W. Orr.

Edward V. Frayle, Denver, for petitioners Delta County and/or Colorado Dept. of Corrections, and State Compensation Ins. Fund.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Christa D. Taylor, Asst. Atty. Gen., Denver, for respondents.

PIERCE, Judge.

This is a workmen's compensation case. Claimant, Curtis Orr, seeks review on the ground that he was not awarded temporary total disability benefits at the maximum rate. The Department of Corrections and its insurer, the State Compensation Fund (the Department), also seek review, on the ground that if liability exists at all, it is that of Delta County and not the Department. We set aside the order.

Claimant was confined in the state penal facility...

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