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WESTERN SIZZLIN STEAK HOUSE v. AXTON

No. 83CA1455.

701 P.2d 96 (1984)

WESTERN SIZZLIN STEAK HOUSE and Aetna Casualty and Surety Company, Denver, Petitioners, v. Brett AXTON; the Industrial Commission of the State of Colorado; and Charles McGrath, Director, Colorado Division of Labor—Workmen's Compensation Section, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 20, 1984.

Certiorari Denied May 28, 1985.

Attorney(s) appearing for the Case

Benjamin P. Kramer, Denver, for petitioners.

Joseph O'Brien, Fort Collins, for respondent Brett Axton.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for respondents Industrial Com'n and Charles McGrath.

VAN CISE, Judge.

Brett Axton (claimant), a 16-year-old high school student employed as a part-time dishwasher by Western Sizzlin Steak House (employer), sustained a work-related injury. Petitioners (employer and its insurer, Aetna Casualty and Surety Company) admitted liability for workmen's compensation at $42.35 per week for temporary total disability, based on an average weekly wage of $63.60 (four hours a day for six days a week times $2.65 per hour).

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