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YOUNGER v. CITY AND COUNTY OF DENVER

No. 89CA0690.

796 P.2d 38 (1990)

Sandra J. YOUNGER, Petitioner, v. The CITY AND COUNTY OF DENVER, The Denver Police Department, The Industrial Claim Appeals Office of the State of Colorado, and The Director, Division of Labor, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 19, 1990.

Certiorari Granted September 10, 1990.

Attorney(s) appearing for the Case

Gavend & Bryans, Richard B. Gavend, Denver, for petitioner.

Steven H. Kaplan, City Atty., Geoffrey S. Wasson, Asst. City Atty., Denver, for respondents The City and County of Denver and The Denver Police Dept.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Michael P. Serruto, Asst. Atty. Gen., Denver, for respondents Indus. Claim Appeals Office and The Director, Div. of Labor.

Opinion by Judge STERNBERG.

The issue in this review is whether one who is injured during a pre-employment agility test is entitled to workmen's compensation benefits. We agree with the conclusion of the Industrial Claim Appeals Office (Panel) that one injured during pre-employment testing is not an employee for workmen's compensation benefits. Therefore, we affirm the Panel's order.

The claimant, Sandra J. Younger...

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