OBERLE v. INDUS. CLAIM APPEALS OFFICE

No. 95CA0934.

919 P.2d 918 (1996)

Tonja S. OBERLE, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Limon Inn 4 Less, Respondents.

Colorado Court of Appeals, Div. I.

May 2, 1996.


Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Richard L. Susman, Steven U. Mullens, Colorado Springs; Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Petitioner.

Peter E. Morgan, Denver, for Respondent Limon Inn 4 Less.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Mary Karen Maldonado, Assistant Attorney General, Denver, for Respondent Industrial Claim Appeals Office.


Opinion by Chief Judge STERNBERG.

Tonja Oberle (claimant) seeks review of the final order of the Industrial Claim Appeals Panel that dismissed her claim for workers' compensation benefits. We set aside the order and remand for further proceedings.

This case turns on the meaning of the term "physical injury" as used in § 8-41-301(2)(a), C.R.S. (1995 Cum.Supp.), which requires that claims of mental impairment involving no physical injury be "proven by evidence...

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