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SUBSEQUENT INJURY FUND v. DEVORE

No. 88CA1500.

780 P.2d 39 (1989)

SUBSEQUENT INJURY FUND, Petitioner, v. Rodney W. DEVORE, Northwest Transport Service, Western Guaranty Fund Service, as Administrator of Funds for Colorado Insurance Guaranty Association, and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 20, 1989.

Certiorari Denied September 11, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Michael J. Steiner, First Asst. Atty. Gen., Denver, for petitioner.

Halaby & McCrea, Bruce B. McCrea and Thomas L. Kanan, Denver, for respondents Northwest Transport Services and Western Guaranty Fund Service.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Carol Mullins, Asst. Atty. Gen., Denver, for respondent the Industrial Claim Appeals Office.

No appearance, for respondent Rodney W. Devore.

CRISWELL, Judge.

The Subsequent Injury Fund (SIF) petitions for review of the order of the Industrial Claim Appeals Office (Panel) holding SIF liable for 50% of the permanent total disability benefits due to Rodney W. Devore (claimant) under the Workmen's Compensation Act. Its petition requires us to decide whether SIF is liable for such benefits if a claimant's present disability results, in part, from a disability created by the imposition of trauma from an industrial...

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