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DRYWALL PRODUCTS v. CONSTUBLE

No. 90CA1444.

832 P.2d 957 (1991)

DRYWALL PRODUCTS and Nationwide Insurance Company, Petitioners, v. Gregory CONSTUBLE and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 7, 1991.

Certiorari Denied April 13, 1992.

Attorney(s) appearing for the Case

Retherford, Mullen, Rector & Johnson, Michael R. Waters, Colorado Springs, for petitioners.

Steven U. Mullens, P.C., Steven U. Mullens and Pamela J. Adams, Pueblo, for respondent Gregory Constuble.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Paul H. Chan, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.

Paul Tochtrop, Denver, for amicus curiae Colorado Defense Lawyers Ass'n and Colorado Compensation Ins. Authority.

Opinion by Judge SILVERSTEIN*.

Petitioners, Drywall Products (employer) and Nationwide Insurance Company, seek review of a final order of the Industrial Claim Appeals Panel determining that Gregory Constuble (claimant) was entitled to permanent total disability benefits based on an average weekly wage of $448.53. We affirm.

Claimant, who was employed as a driver and stocker, sustained an admitted industrial injury to his back in...

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