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GERBER v. CAN-USA CONST., INC.

No. 88SC460.

783 P.2d 269 (1989)

Richard A. GERBER and the Industrial Claim Appeals Office, Petitioners, v. CAN-USA CONSTRUCTION, INC. and State Compensation Insurance Authority, Respondents.

Supreme Court of Colorado, En Banc.

November 27, 1989.

Attorney(s) appearing for the Case

Gerlach & Weddell, P.C., Dale A. Gerlach, Colorado Springs, for petitioner Richard A. Gerber.

Paul Tochtrop, Denver, for respondents Can-USA Const., Inc. and State Compensation Ins. Authority.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Michael J. Steiner, First Asst. Atty. Gen., Carolyn A. Boyd, Asst. Atty. Gen., Denver, for petitioner Indus. Claim Appeals Office.

Chief Justice QUINN delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in Can-USA v. Gerber, 767 P.2d 765 (Colo.App.1989). The court of appeals held that Richard Gerber, a worker who sustained an industrial injury prior to July 1, 1987, and who was ordered to undergo a vocational rehabilitation evaluation subsequent to his attaining maximum medical improvement, was not entitled...

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