SIF v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 93CA1786.

899 P.2d 220 (1994)

SUBSEQUENT INJURY FUND, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Clarence Reed, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 15, 1994.

Certiorari Denied July 24, 1995.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., William H. Hanson, Asst. Atty. Gen., Andrew R. Bantham, Asst. Atty. Gen., Denver, for petitioner.

No appearance for respondent Indus. Claim Appeals Office.

Withers, Seidman & Rice, P.C., Christopher Seidman, Grand Junction, for respondent Clarence Reed.


Opinion by Judge METZGER.

The Subsequent Injury Fund (SIF) seeks review of a final order of the Industrial Claim Appeals Office (Panel) which affirmed a retroactive increase in disability benefits for the occupational disease suffered by Clarence Reed (claimant). We affirm.

In 1988, claimant became permanently disabled by silicosis, an occupational disease. His award of benefits was based on his 1962 wages, that being the time of his last injurious exposure...

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