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ABC DISPOSAL SERVICES v. FORTIER

No. 89CA1551.

809 P.2d 1071 (1990)

ABC DISPOSAL SERVICES and State Compensation Insurance Authority, Petitioners, v. Albert FORTIER, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Labor, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 17, 1991.

Certiorari Denied May 13, 1991.

Attorney(s) appearing for the Case

Paul Tochtrop, Denver, for petitioners.

John Hoyman, P.C., John Hoyman, Greeley, for respondent Albert Fortier.

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

Opinion by Judge JONES.

In this review of a final order of the Industrial Claim Appeals Office (Panel) the determinative issue is whether a snowblower is an "apparatus," the cost of which is a reasonable and necessary medical expense under § 8-49-101(1)(a), C.R.S. (1986 Repl. Vol. 3B) (now codified as § 8-42-101(1)(a), C.R.S. (1990 Cum.Supp.)). The Panel held that a snowblower is such an "apparatus." We set aside...

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