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COLORADO COUNTIES, INC. v. DAVIS

No. 89CA0518.

801 P.2d 10 (1990)

COLORADO COUNTIES, INC., a/k/a County Workers Compensation Pool, Plaintiff-Intervenor-Appellant, v. Wayne DAVIS, Plaintiff-Appellee.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing July 19, 1990.

Certiorari Granted November 19, 1990.

Attorney(s) appearing for the Case

Greengard Senter Goldfarb & Rice, Thomas S. Rice, Kris D. Bicknell, Denver, for plaintiff-intervenor-appellant.

John Gehlhausen, P.C., John Gehlhausen, Darla Scranton Specht, Lamar, for plaintiff-appellee.

Opinion by Judge NEY.

Plaintiff-Intervenor, Colorado Counties, Inc. (CCI), appeals from the order of the trial court granting a pro rata apportionment of attorney fees and costs between plaintiff, Wayne Davis, and CCI, his employer's workmen's compensation carrier.

The sole substantive issue on appeal is whether a workmen's compensation carrier, by becoming subrogated against a third-party tortfeasor, is responsible for pro rata payment of the plaintiff's...

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