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CLIMAX MOLYBDENUM CO. v. WALTER

No. 90SC481.

812 P.2d 1168 (1991)

CLIMAX MOLYBDENUM COMPANY and Colorado Compensation Insurance Authority, Petitioners, v. Stephen WALTER, the Industrial Claim Appeals Office and Director, Division of Labor, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 9, 1991.

Attorney(s) appearing for the Case

John Berry, Paul Tochtrop, Denver, for petitioner Colorado Compensation Ins. Authority.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Mary Karen Maldonado, First Asst. Atty. Gen., Michael P. Serruto, Asst. Atty. Gen., Denver, for respondents.

Justice QUINN delivered the Opinion of the Court.

The question in this case concerns the proper method for apportioning liability between a workers' compensation insurer and the Subsequent Injury Fund for workers' compensation benefits owed to an employee who is permanently and totally disabled as a result of the combined effects of two industrial injuries and an occupational disease. In an unpublished opinion, Climax Molybdenum Co. v. Walter (No. 89CA1305...

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