LOBB v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 97CA0212.

948 P.2d 115 (1997)

Susan LOBB, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Premier Care Services, Inc., Colorado Compensation Insurance Authority, Department of Labor & Employment, Division of Workers' Compensation, and Mary Ann Whiteside, Director, Division of Workers' Compensation, Respondents.

Colorado Court of Appeals, Div. II.

October 30, 1997.


Attorney(s) appearing for the Case

Dale A. Gaar, P.C., Dale A. Gaar, Denver, for Petitioner.

No Appearance for Respondents Industrial Claim Appeals Office of the State of Colorado and Premier Care Services, Inc.

Brandee Defalco-Galvin, Denver, for Respondent Colorado Compensation Insurance Authority.

Michael J. Steiner, Denver, for Respondents Premier Care Services, Inc., and Colorado Compensation Insurance Authority.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John D. Baird, Assistant Attorney General, Denver, for Respondents Department of Labor & Employment, Division of Worker' Compensation and Mary Ann Whiteside, Director, Division of Workers' Compensation.


Opinion by Judge DAVIDSON.

Petitioner, Susan Lobb (claimant), challenges the constitutionality of certain portions of the Workers' Compensation Act by asserting that they deny her equal protection. We uphold the constitutionality of 8-40-201(16.5)(a) and 8-42-111(3), C.R.S.1997, and, therefore, affirm the Panel's order.

Claimant suffered a closed-head injury in September 1993 during the course of her employment as an administrator for a nursing home management...

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