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YOUNGER v. CITY AND COUNTY OF DENVER

No. 90SC249.

810 P.2d 647 (1991)

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.

Supreme Court of Colorado, En Banc.

May 6, 1991.

Attorney(s) appearing for the Case

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

Patricia L. Wells, City Atty., Geoffrey S. Wasson, Asst. City Atty., Denver, for respondents The City and County of Denver, and The Denver Police Dept.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Michael P. Serruto, Asst. Atty. Gen., for respondents The Industrial Claim Appeals Office and Director, Div. of Labor.

Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the decision by the court of appeals in Younger v. City and County of Denver, 796 P.2d 38 (Colo.App.1990), affirming the denial of workers' compensation benefits to claimant, Sandra J. Younger (Younger), for an injury sustained during a pre-employment physical agility test. We affirm.

I.

Younger was employed by the City and...

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