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CITY & COUNTY OF DENVER v. INDUSTRIAL COM'N

No. 83SC166.

690 P.2d 199 (1984)

CITY AND COUNTY OF DENVER and State Compensation Insurance Fund, Petitioners, v. INDUSTRIAL COMMISSION of the State of Colorado, Subsequent Injury Fund of the State of Colorado, and Harold W. Hatch, Respondents.

Supreme Court of Colorado, En Banc.

October 15, 1984.

Attorney(s) appearing for the Case

Kathleen W. Robinson, Denver, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Timothy R. Arnold, First Asst. Atty. Gen., Kathryn J. Aragon, Asst. Atty. Gen., Denver, for respondents Industrial Com'n of State of Colo. and Subsequent Injury Fund of State of Colo.

George T. Ashen, James E. Freemyer, Denver, for respondent Harold W. Hatch.

ROVIRA, Justice.

We granted certiorari to review an unpublished decision of the court of appeals affirming a decision of the Industrial Commission of Colorado (Commission). The court struck the Subsequent Injury Fund (SIF) as a party on the ground that it is not a legal entity which can sue or be sued. It ruled that section 8-53-106(2)(b), 3 C.R.S. (1982 Supp.), established the applicable standard of review, and that that part of the Commission's order which reversed...

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