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HENDERSON v. RSI, INC.

No. 90CA0952.

824 P.2d 91 (1991)

Howard M. HENDERSON, Petitioner and Cross-Appellee, v. RSI, INC., and Colorado Compensation Insurance Authority, Respondents and Cross-Appellants, and The Industrial Claim Appeals Office of the State of Colorado, Subsequent Injury Fund, and Division of Labor, Respondents.

Colorado Court of Appeals, Div. V.

Rehearings Denied October 10 and October 31, 1991.

Certiorari Denied February 3, 1992.

Attorney(s) appearing for the Case

Williams, Trine, Greenstein & Griffith, P.C., Michael A. Patrick, Boulder, for petitioner and cross-appellee.

John Berry, Paul Tochtrop, Denver, for respondents and cross-appellants RSI, Inc. and Colo. Compensation Ins. Authority.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Aurora Ruiz-Hernandez, Asst. Atty. Gen., Denver, for Respondents Indus. Claim Appeals Office, Subsequent Injury Fund and Div. of Labor.

Opinion by Judge NEY.

In this workers' compensation proceeding, review of an order of the Industrial Claim Appeals Panel is sought on behalf of the deceased claimant, Howard M. Henderson. The petition challenges that portion of the order computing the decedent's benefits on the basis of his earnings at the time of last exposure in 1977, rather than his earnings at the onset of disability in 1983. The State Compensation Insurance Authority (Authority) also seeks review...

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