CITY MARKET v. INDUS. CLAIM APP. OFFICE

No. 90CA1152.

820 P.2d 1139 (1991)

CITY MARKET, INC., Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, David Mitchem, Acting Director of the Division of Labor, Department of Labor and Employment, and Richard Heely, Respondents.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 1, 1991.

Certiorari Denied November 25, 1991.


Attorney(s) appearing for the Case

Nelson, Hoskin & Farina, P.C., Frederick G. Aldrich, Grand Junction, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Carol A. Finley, Asst. Atty. Gen., Denver, for respondents Indus. Claim Appeals Office and Director, Div. of Labor.

Withers, Seidman & Rice, P.C., Charles E. Withers, Grand Junction, for respondent Richard Heely.


Opinion by Judge DAVIDSON.

City Market, Inc., the statutory employer, seeks review of a final order of the Industrial Claim Appeals Panel determining that Richard Heely, claimant, was entitled to temporary partial disability payments for his wage loss during the period that he was participating in a vocational rehabilitation program. We set aside the order and remand for further proceedings.

Liability was admitted for a low back injury sustained by claimant...

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