LUCERO v. CLIMAX MOLYBDENUM CO.

Nos. 85SC411, 86SC53, 85SC414.

732 P.2d 642 (1987)

Antonio LUCERO, Petitioner, v. CLIMAX MOLYBDENUM COMPANY; Industrial Commission of Colorado; State Compensation Insurance Fund of Colorado; and Director, Division of Labor, State of Colorado, Respondents. Curly G. BRASHER, Petitioner, v. INDUSTRIAL COMMISSION OF COLORADO, DEPARTMENT OF LABOR AND EMPLOYMENT, Safeway Stores, Inc., and Home Insurance Company, Respondents. Fred ESPINOZA, Petitioner, v. AMAX, INC.; State Compensation Insurance Fund; Mike L. Baca, Gary Rose, and John McDonald, individually and as members of the Industrial Commission of Colorado; the Industrial Commission of the State of Colorado; and Charles J. McGrath, Director, Division of Labor, Respondents.

Supreme Court of Colorado, En Banc.

February 9, 1987.


Attorney(s) appearing for the Case

Richard T. Goold, Denver, for petitioner Lucero.

Douglas R. Phillips, Denver, for petitioner Espinoza.

Paul Tochtrop, Denver, for respondents State Compensation Ins. Fund, Climax Molybdenum Co., and Amax, Inc.

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

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

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Kathryn J. Aragon, Asst. Atty. Gen., Denver, for respondents Industrial Com'n and Dept. of Labor.


ROVIRA, Justice.

These three consolidated workers' compensation cases present an issue of first impression: whether Colorado law permits the reopening of a worker's compensation disability award based on a change of economic conditions without a showing of a change in the claimant's physical condition. In each of these cases, a hearing officer reopened past disability awards and granted additional benefits without finding a change in the claimant's physical condition...

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