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COOK v. McLISTER

No. 90CA1813.

820 P.2d 1167 (1991)

Marjorie M. COOK, Petitioner, v. Henry McLISTER, Elizabeth McLister, The Industrial Claim Appeals Office of the State of Colorado and the Colorado Division of Labor, Respondents.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 10, 1991.

Attorney(s) appearing for the Case

Thomas D. Hacker, Denver, for petitioner.

Epstein & Lawrence, P.C., James S. Miller, Denver, for respondents Henry McLister and Elizabeth McLister.

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

Opinion by Judge JONES.

Marjorie M. Cook, claimant, seeks review of the final order of the Industrial Claim Appeals Panel which denied her claim for workers' compensation benefits on the ground that she had elected to pursue common law remedies against her uninsured employer by accepting a monetary settlement. Claimant contends that the settlement did not constitute an election to pursue common law remedies and that it was ineffective to waive her workers' compensation...

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