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ROBBOLINO v. FISCHER-WHITE CONTRACTORS

No. 86CA0727.

738 P.2d 70 (1987)

Frank J. ROBBOLINO, Petitioner, v. FISCHER-WHITE CONTRACTORS; State Compensation Insurance Fund; the Industrial Commission of the State of Colorado; and Director, Department of Labor and Employment, Division of Labor, State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

April 23, 1987.

Attorney(s) appearing for the Case

Norton Frickey and Associates of Colorado Springs, P.C., Cameron Curry, Colorado Springs, for petitioner.

Paul Tochtrop, Denver, for respondents Fischer-White Contractors and State Compensation Ins. Fund.

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 Indus. Com'n and Director, Dept. of Labor and Employment.

CRISWELL, Judge.

Frank J. Robbolino (claimant) seeks review of a final order of the Industrial Commission (Commission) which found his average weekly wage to be $240, based upon an hourly rate of $6.00, rather than $11.00 which claimant asserts he was being paid, and which assessed his degree of permanent partial disability at three percent as a working unit. We set aside the order and remand for further proceedings.

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