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ROMERO v. U-LET-US SKYCAP SERVICES, INC.

No. 86CA0502.

740 P.2d 1004 (1987)

Charles ROMERO, Petitioner, v. U-LET-US SKYCAP SERVICES, INC.; State Compensation Insurance Fund, and the Industrial Commission of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. II.

June 25, 1987.

Attorney(s) appearing for the Case

Butler, Landrum, Pierce & Turner, P.C., Robert W. Turner, Lakewood, for petitioner.

Samuel H. Collins, Mark Rau, Denver, for respondents U-Let-Us Skycap Services, Inc., and State Compensation Ins. Fund.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Karen Maldonado, Asst. Atty. Gen., Denver, for respondent Indus. Com.

SMITH, Judge.

Charles Romero, claimant, seeks review of a final order of the Industrial Commission which determined that his average weekly wage was properly calculated based on only a percentage of his tip income. We set aside the order.

Claimant, an airport skycap, suffered an admitted injury disabling him from his duties. The employer admitted liability for an average weekly wage of $80.24, which claimant contested. The Commission found that claimant had...

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