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PORTA-PACIFIC v. SMITHERS

No. 88CA1495.

781 P.2d 147 (1989)

PORTA-PACIFIC, Petitioner, v. Frederick SMITHERS, Fred Burr, Susan C. Black, Frederic D. Gray 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 October 2, 1989.

Attorney(s) appearing for the Case

Tilly & Graves, P.C. and David M. Setter, Denver, for petitioner.

Norton Frickey & Associates, P.C. and Cynthia M. Pinter, Lakewood, for respondent, Frederick Smithers.

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

No appearance for respondents Fred Burr, Susan C. Black and Frederic D. Gray.

Opinion by Judge NEY.

Porta-Pacific Corporation (Porta-Pacific) seeks review of the final order of the Industrial Claim Appeals Office (Panel) insofar as it affirmed the finding of the Administrative Law Judge (ALJ) that Porta-Pacific was the statutory employer of Frederick Smithers (claimant) and, thus, was liable for benefits awarded to claimant. We affirm in part and reverse in part.

Claimant was injured in October 1985, while performing repair work on...

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