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GARRETT v. ARROWHEAD IMP. ASS'N

No. 91SC276.

826 P.2d 850 (1992)

Gary M. GARRETT, Petitioner, v. ARROWHEAD IMPROVEMENT ASSOCIATION; The Industrial Claim Appeals Office of the State of Colorado; Robert Husson, Director, Colorado Division of Labor, Workers' Compensation Section; and Colorado Compensation Insurance Authority, Respondents.

Supreme Court of Colorado, En Banc.

March 10, 1992.

Attorney(s) appearing for the Case

Withers, Seidman & Rice, P.C., Charles E. Withers, Glenwood Springs, for petitioner.

Paul Tochtrop, Denver, for respondents Arrowhead Improvement Ass'n and 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., Thomas S. Parchman, Asst. Atty. Gen., Denver, for respondent The Indus. Claim Appeals Office.

No appearance for respondent Robert Husson, Director, Colorado Div. of Labor, Workers' Compensation Section.

Justice LOHR delivered the Opinion of the Court.

I.

This case presents an issue concerning the timeliness of a claimant's filing of a petition to reopen a workers' compensation proceeding in order to seek additional disability benefit payments based on a worsened physical condition. An administrative law judge ("ALJ") held claimant Gary M. Garrett's petition to reopen time-barred by section 8-43-303(2)(a), 3B C.R.S. (1991 Supp.). An Industrial Claim Appeals...

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