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NAIDEN v. EPPS

No. 93CA0007.

867 P.2d 215 (1993)

Era NAIDEN and Neil Naiden, Petitioners, v. Penny A. EPPS and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

December 30, 1993.

Attorney(s) appearing for the Case

Cruz & Associates, Amado L. Cruz, Denver, for petitioners.

Thomas D. Hacker, Denver, for respondent Penny A. Epps.

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 Indus. Claim Appeals Office.

Opinion by Judge CRISWELL.

Petitioners, Era and Neil Naiden (the employers), challenge the constitutionality of a portion of the Workers' Compensation Act applied by the Industrial Claim Appeals Panel in determining that Penny A. Epps (claimant) was entitled to disability benefits because she performed full-time domestic work. We uphold the constitutionality of the statute, § 8-40-302(4), C.R.S. (1993 Cum.Supp.), and, therefore, affirm the Panel's order.

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