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ROMERO v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 93CE0018.

902 P.2d 896 (1995)

Jennie ROMERO, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO; Miller Stockman; and the Colorado Compensation Insurance Authority, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 23, 1995.

Certiorari Granted August 28, 1995.

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.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John D. Baird, First Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.

Colorado Compensation Ins. Authority, Michael J. Steiner, Vaughan, Reeves & DeMuro, David R. DeMuro, Denver, for respondents Miller Stockman and Colorado Compensation Ins. Authority.

Opinion by Judge CRISWELL.

This appeal by claimant, Jennie Romero, from an order of the Industrial Claim Appeals Office (Panel) denying her permanent total disability benefits for an injury arising out of and in the course of her employment with Miller Stockman, requires us to consider the constitutional validity of § 8-42-111(5), C.R.S. (1994 Cum.Supp.), which disqualifies an employee aged 65 or older from receiving any compensation for permanent total disability...

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