VALLEY TREE SERVICE v. JIMENEZ

No. 89CA0542.

787 P.2d 658 (1990)

VALLEY TREE SERVICE and State Compensation Insurance Authority, Petitioners, v. Raul JIMENEZ, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Labor, Respondents.

Colorado Court of Appeals, Div. I.

January 18, 1990.


Attorney(s) appearing for the Case

John Berry, Denver, for petitioners.

Fogel, Keating and Wagner, P.C., Charles Free, Denver, for respondent Raul Jimenez.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Karen E. Leather, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office and Director, Div. of Labor.


Opinion by Judge PIERCE.

The sole issue in this workmen's compensation case is which party bears the burden of establishing whether the usual wage adjustments have been afforded to an employee when an employer reemploys or continues to employ a disabled worker at the same rate of pay which the employee received before the injury. The Industrial Claim Appeals Office (Panel) ruled that such burden was on the employer, and we affirm that holding.

Claimant sustained...

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