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McGRATH v. INDUSTRIAL COM'N

Nos. 84CA0715, 84CA1200, 84CA1270 and 84CA1272.

708 P.2d 1382 (1985)

Charles McGRATH, Director of the Division of Labor, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado; Harvey B. Cochran, Hearing Officer; Marjorie Gonzales; University of Southern Colorado; and State Compensation Insurance Fund, Respondents. DIRECTOR, DIVISION OF LABOR, on Behalf of the SUBSEQUENT INJURY FUND, Petitioner, v. DeLos FULKS; Montezuma County Hospital District; State Compensation Insurance Fund; and Industrial Commission of the State of Colorado, Respondents. DIRECTOR, DIVISION OF LABOR, on Behalf of the SUBSEQUENT INJURY FUND, Petitioner, v. Fred J. DAWSON; Skyland Food Corp.; State Compensation Insurance Fund; and Industrial Commission of the State of Colorado, Respondents. DIRECTOR, DIVISION OF LABOR, on Behalf of the SUBSEQUENT INJURY FUND, Petitioner, v. Donald STAHLY; Western Slope Carbon; Old Republican Insurance Company; and Industrial Commission of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearings Denied August 29, 1985.

Certiorari Denied November 29, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Edward R. Martinez, Regional Asst. Atty. Gen. (Grand Junction), Denver, for petitioner Charles McGrath, Director, Div. of Labor.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., James R. Riley, Jr., Asst. Atty. Gen., Denver, for respondents Indus. Com'n and Harvey B. Cochran, Hearing Officer.

Edward J. Scheunemann, Denver, for respondent Marjorie Gonzales.

Russell A. Stanley, Paul F. Tochtrop, William J. Baum, Denver, for respondents State Compensation Ins. Fund, University of Southern Colorado, Montezuma County Hosp. Dist., Skyland Food Corp.

Dawes & Crane, P.C., Robert C. Dawes, Durango, for respondent DeLos Fulks.

Withers & Seidman, P.C., Charles E. Withers, Grand Junction, for respondent Fred J. Dawson.

Elder, Phillips, Daniel & Phillips, Walter J. Phillips, Grand Junction, for respondents Western Slope Carbon and Old Republican Ins. Co.

No appearance for respondent Donald Stahly.

PIERCE, Judge.

In this consolidated action, petitioner, the Director of the Division of Labor on behalf of the Subsequent Injury Fund (S.I.F.), seeks review of final orders of the Industrial Commission limiting the liability of the last employer of permanently and totally disabled claimants to $26,292. We set aside the orders.

In each of the four cases consolidated for review, the hearing officer determined that the claimant had suffered permanent partial...

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