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CESARIO v. BUILDING SERVICES SYSTEMS INC.

No. 97CA0658.

962 P.2d 292 (1997)

Ray CESARIO, Petitioner, v. BUILDING SERVICES SYSTEMS INC., Colorado Compensation Insurance Authority, Subsequent Injury Fund, and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 29, 1998.

Certiorari Denied September 21, 1998.

Attorney(s) appearing for the Case

Taussig & Taussig, John G. Taussig, Jr., Boulder, for Petitioner.

Colorado Compensation Insurance Authority, Laurie A. Schoder, Denver, for Respondent Colorado Compensation Insurance Authority and Building Services Systems, Inc.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Jill M.M. Gallet, Assistant Attorney General, Denver, for Respondent Subsequent Injury Fund.

No Appearance for Respondent Industrial Claim Appeals Office.

Opinion by Judge CASEBOLT.

In this workers' compensation proceeding, claimant, Ray Cesario, seeks review of a determination by an Administrative Law Judge (ALJ) and the Industrial Claim Appeals Office (Panel) that he had failed to demonstrate a mistake of law sufficient to reopen his claim under § 8-43-303, C.R.S. 1997. We set aside the order and remand for further proceedings.

The facts are undisputed. After sustaining industrial injuries while employed...

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