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DORRIS v. GARDNER ZEMKE COMPANY

Nos. 87CA1447, 87CA1462.

765 P.2d 602 (1988)

William B. DORRIS, Petitioner, v. GARDNER ZEMKE COMPANY, Maryland Casualty Company and The Industrial Claim Appeals Office of the State of Colorado, Respondents, and GARDNER ZEMKE COMPANY and Maryland Casualty Company, Petitioners, v. William B. DORRIS and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 30, 1988.

Certiorari Denied November 28, 1988.

Attorney(s) appearing for the Case

Jon C. Thomas, P.C., Jon C. Thomas, Colorado Springs, for William B. Dorris.

Halaby & McCrea, Bruce B. McCrea, Thomas L. Kanan, Denver, for Gardner Zemke Co. and Maryland Cas. Co.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Angela M. Lujan, Asst. Atty. Gen., Denver, for The Industrial Claim Appeals Office of the State of Colo.

STERNBERG, Judge.

William B. Dorris (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) which denied his claim for a penalty pursuant to § 8-53-102(2), C.R.S. (1987 Cum.Supp.) from December 7, 1985, until November 5, 1986. Gardner Zemke Company and Maryland Casualty Company (Gardner) cross-appeal that portion of the Panel's order which imposed a penalty pursuant to § 8-53-102(2) from October 5, 1984, until December 6,...

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