Byron DURAN, Petitioner,
v.
The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Curtice Burns Meat Snacks, Inc., and Lumbermans Mutual Casualty Company, Respondents.
Felipe URBINA, Petitioner,
v.
The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, South Valley Dry Wall, and Truck Insurance Exchange, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
October 17, 1994.
Rehearing Denied November 7, 1994.
Attorney(s) appearing for the Case
Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Pepe J. Mendez & Associates, P.C., Pepe J. Mendez, Denver, for petitioner.
White and Steele, P.C., John Lebsack, Ted A. Krumreich, Denver, for respondents Curtice Burns Meat Snacks, Inc. and Lumbermans Mut. Cas. Co.
Hall & Evans, L.L.C., Alan Epstein, Denver, for respondents South Valley Dry Wall and Truck Ins. Exchange.
David R. DeMuro, P.C., David R. DeMuro, Law Offices of Robert Weinberger, P.C., Thomas L. Kanan, Jr., Michael J. Steiner, Denver, for amicus curiae Colo. Compensation Ins. Authority.
Plaut, Lipstein, Mortimer, P.C., Frank Plaut, Charles E. Mortimer, Jr., Lakewood, Berry & Singer, John Berry, Denver, for amicus curiae Workers' Comp. Coalition.
Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., James C. Klein, Asst. Atty. Gen., Human Resources Section, Denver, for amicus curiae Dept. of Labor and Employment, Div. of Workers' Comp. and Director of Div. of Workers' Comp.
Wilcox & Ogden, Ralph Ogden, Turner & Meiklejohn, P.C., Robert Turner, Scott Meiklejohn, Denver, for amici curiae Colo. AFL-CIO and the Workers' Comp. Educ. Ass'n.
Supreme Court of Colorado, En Banc.
Chief Justice ROVIRA delivered the Opinion of the Court.
The question presented in these consolidated workers' compensation cases is whether the Workers' Compensation Act of Colorado, sections 8-42-101 to 8-47-209, 3B C.R.S. (1994 Supp.) (the Act) violates equal protection of the laws under the federal and state constitutions by establishing two different methods for calculating an award of benefits: one based on a rating...
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