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BRASHER v. INDUSTRIAL COMMISSION OF THE STATE

No. 85CA0201.

717 P.2d 990 (1985)

Curly G. BRASHER, Petitioner, v. The INDUSTRIAL COMMISSION OF the STATE of Colorado, Department of Labor and Employment, Safeway Stores, Inc., and Home Insurance Company, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 30, 1986.

Certiorari Granted April 7, 1986.

Attorney(s) appearing for the Case

Dawes and Crane, P.C., Robert C. Dawes, Durango, for petitioner.

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 Dept. of Labor and Employment.

Watson, Nathan & Bremer, P.C., Anne Smith Myers, Denver, for respondent Safeway Stores, Inc.

No appearance for respondent Home Ins. Co.

Certiorari Granted (Brasher) April 7, 1986.

BERMAN, Judge.

Workmen's compensation claimant, Curly Brasher, seeks review of a final order of the Industrial Commission denying his petition to reopen. We affirm.

Claimant contends that the Industrial Commission misconstrued § 8-53-113, C.R.S. (1985 Cum.Supp.) by reading into it a requirement that "change in condition" means physical change of claimant. We disagree that the Commission misconstrued...

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