COLORADO AFL-CIO v. DONLON

Nos. 93CA1118, 93CA1392.

914 P.2d 396 (1995)

COLORADO AFL-CIO; Kent Replogle; Stephen P. Cramer; Mark Harkman; James Martinez; Lawrence Smith; Mae L. Durant; and David Organ, Plaintiffs-Appellants, v. John J. DONLON, Executive Director, Department of Labor and Employment; Kenneth M. Platt, Director, Colorado Division of Workers' Compensation; Bruce Posey, Executive Director of Colorado Department of Administration; Edwin L. Felter, Jr., Director, Administrative Hearings and Chief Administrative Law Judge; Workers' Compensation Coalition; and Colorado Compensation Insurance Authority, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing July 13, 1995.

Certiorari Denied April 1, 1996.


Attorney(s) appearing for the Case

Wilcox & Ogden, P.C., Ralph Ogden, Turner and Meiklejohn, P.C., Robert W. Turner, Scott A. Meiklejohn, Denver, for plaintiffs-appellants Colo. AFL-CIO, Kent Replogle, Stephen P. Cramer, Mark Harkman, James Martinez, Lawrence Smith and Mae L. Durant.

Elrod, Katz, Preeo, Look, Moison & Silverman, P.C., Eldon E. Silverman, Gilbert R. Egle, Denver, for plaintiff-appellant David Organ.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mary Karen Maldonado, Michael P. Serruto, Sr. Asst. Attys. Gen., Denver, for defendant-appellee John J. Donlon, Executive Director, Dept. of Labor and Employment, Kenneth M. Platt, Director, Colo. Div. of Workers' Compensation, Bruce Posey, Executive Director of Colo. Dept. of Admin., and Edwin L. Felter, Jr., Director, Administrative Hearings and Chief Administrative Law Judge.

Plaut, Lipstein & Mortimer, P.C., Frank Plaut, Charles E. Mortimer, Jr., Evan S. Lipstein, Lakewood, Berry & Singer, John Berry, Denver, for defendant-appellee Workers' Compensation Coalition.

Michael J. Steiner, Colo. Compensation Ins. Authority, Vaughan, Reeves and DeMuro, David R. DeMuro, Weinberger & Kanan, P.C., Thomas L. Kanan, Denver, for defendant-appellee Colo. Compensation Ins. Authority.


Opinion by Judge CRISWELL.

In separate declaratory judgment actions filed in the trial court, plaintiff, David Organ, in one instance, and all of the other plaintiffs in a second case, sought court decrees declaring various provisions of the 1991 amendments to the Workers' Compensation Act (Act) unconstitutional. After consolidating the two actions for trial and disposition, the trial court rejected all of plaintiffs' contentions and entered judgment dismissing their...

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