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MONTEZUMA WELL SERV. v. INDUS. CLAIM OFF.

No. 95CA0793.

928 P.2d 796 (1996)

MONTEZUMA WELL SERVICE, INC. and Colorado Compensation Insurance Authority, Petitioners and Cross-Appellee, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Billy J. Lackey, and Subsequent Injury Fund, Respondents and Cross Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 20, 1996.

Certiorari Denied December 3, 1996.

Attorney(s) appearing for the Case

Michael J. Steiner, Denver, for Petitioners Colorado Compensation Insurance Authority.

Crane and Tejada, Bethiah B. Crane, Douglas R. Ware, Durango, for Respondent Cross-Appellant Billy J. Lackey.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, J. Anthony Ogden, Assistant Attorney General, Denver, for Respondent Cross-Appellant Subsequent Injury Fund.

Opinion by Judge TURSI.*

Petitioners, the Colorado Compensation Insurance Authority (CCIA) and the Subsequent Injury Fund (SIF), seek review of a final order of the Industrial Claim Appeals Panel determining that the permanent total disability (PTD) benefits payable by petitioners to Billy J. Lackey (claimant) do not terminate when he reaches age 65. In view of the pronouncement in Industrial Claim Appeals Office v. Romero,

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