MONFORT, INC. v. GONZALEZ

No. 92CA0369.

855 P.2d 19 (1993)

MONFORT, INC., Petitioner, v. Anselmo GONZALEZ and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 4, 1993.

Certiorari Denied July 12, 1993.


Attorney(s) appearing for the Case

Hall & Evans, Alan Epstein, Fredrick A. Ritsema, Denver, for petitioner.

Israel Galindo, Denver, for respondent Anselmo Gonzalez.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Thomas S. Parchman, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.


Opinion by Judge ROTHENBERG.

Monfort, Inc., seeks review of the final order of the Industrial Claim Appeals Panel, which ruled that the permanent partial disability award to Anselmo Gonzalez was not limited by the reemployment statute, Colo.Sess.Laws 1990, ch. 62, § 8-42-110(3) at 494 (repealed Colo.Sess.Laws 1991, ch. 219 at 1312), to the lesser of medical impairment or a scheduled award. Because we conclude that the reemployment statute applies only if an employee...

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