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HIGGS v. WESTERN LANDSCAPING

No. 89SC556.

804 P.2d 161 (1991)

Jim L. HIGGS, Petitioner, v. WESTERN LANDSCAPING & SPRINKLER SYSTEMS, INC., The Industrial Claim Appeals Office of the State of Colorado, and State Compensation Insurance Authority, Respondents.

Supreme Court of Colorado, En Banc.

January 14, 1991.

Attorney(s) appearing for the Case

Withers, Seidman & Rice, P.C., Gudrun Rice, Grand Junction, for petitioner.

Paul Tochtrop, Denver, for respondent State Compensation Ins. Authority.

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Michael J. Steiner, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.

Glenn Meyers, Denver, for amicus curiae Colorado Rural Legal Services, Inc.

Justice QUINN delivered the Opinion of the Court.

The question in this case is whether section 8-47-101(2), 3B C.R.S. (1988 Supp.), which was in effect during the proceedings below and which established a different wage basis for computing the workers' compensation benefits for "farm and ranch labor employees," violates equal protection of the laws. In Higgs v. Western Landscaping & Sprinkler Systems, Inc., 789 P.2d 431

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