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TOMSHA v. CITY OF COLORADO SPRINGS

No. 92CA0603.

856 P.2d 13 (1992)

Donald TOMSHA, Petitioner, v. CITY OF COLORADO SPRINGS, and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 31, 1992.

Certiorari Denied July 26, 1993.

Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Steven U. Mullens, Colorado Springs, Schur, Olive & Gavaldon, Robert Schur, Fort Collins, for petitioner.

Vaughan & Reeves, P.C., Carol A. Finley, Susan Kurachi Reeves, Colorado Springs, for respondent City of Colorado Springs.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., James C. Klein, Asst. Atty. Gen., Denver, for respondent Industrial Claim Appeals Office.

Opinion by Judge NEY.

In this workers' compensation case, Donald Tomsha (claimant) challenges the constitutionality of the work-related stress statute, Colo.Sess.Laws 1990, ch. 62, § 8-41-301(2) at 479, as well as the final order of the Industrial Claim Appeals Panel denying and dismissing his claim for benefits based on work-related stress. We find the statute constitutional and find no other error. Therefore, we affirm the order.

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