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VARSITY CONTRACTORS & HOME INS. CO. v. BACA

No. 84CA0498.

709 P.2d 55 (1985)

VARSITY CONTRACTORS AND HOME INSURANCE COMPANY, Petitioners, v. Mike L. BACA and John J. McDonald, as members of the Industrial Commission of the State of Colorado, and the Industrial Commission of the State of Colorado, Charles McGrath, Director of the Division of Labor, and Theodore Smith, Respondents.

Colorado Court of Appeals, Div. III.

Rehearings Denied August 1, 1985.

Certiorari Denied November 12, 1985.

Attorney(s) appearing for the Case

Watson, Nathan & Bremer, P.C., Peter P. Watson, Christina M. Habas, Denver, for petitioners.

Lynch & Dawson, P.C., Suzanne H. Lynch, Denver, for respondent Theodore Smith.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Ann Whiteside, Asst. Atty. Gen., Denver, for respondents Mike L. Baca, John J. McDonald, Indus. Comm. and Charles McGrath, Director of the Div. of Labor.

BABCOCK, Judge.

Employer, Varsity Contractors, and insurer, Home Insurance Company, (petitioners) seek review of a final order of the Industrial Commission awarding claimant, Theodore Smith, workmen's compensation benefits for an injury resulting from an automobile accident. We set aside the order.

Claimant testified that he was employed by Varsity in a supervisory capacity. On the day of the accident, claimant met a friend at a bar after work and was injured...

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