PACE MEMBERSHIP WAREHOUSE v. AXELSON

No. 96SC229.

938 P.2d 504 (1997)

PACE MEMBERSHIP WAREHOUSE, DIVISION OF K-MART CORPORATION; and Industrial Claim Appeals Office, Petitioners, v. Barbara AXELSON, Respondent, and Department of Labor and Employment, Division of Workers' Compensation; and Director, Division of Workers' Compensation, Intervenors.

Supreme Court of Colorado, En Banc.

May 19, 1997.


Attorney(s) appearing for the Case

Anderson, Campbell and Laugesen, P.C., John V. Fitzsimons, Frank M. Cavanaugh, Denver, for Petitioner Pace Membership Warehouse, Division of K-Mart Corporation.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Paul Farley, Deputy Attorney General, David M. Kaye, First Assistant Attorney General, John D. Baird, Assistant Attorney General, State Services Section, Denver, for Petitioner Industrial Claim Appeals Office; and for Intervenor Department of Labor and Employment, Division of Workers' Compensation; and for Intervenor Director, Division of Workers' Compensation.

Alexander & Ricci, William A. Alexander, Jr., Joseph M. Ricci, Colorado Springs, for Respondent Colorado Compensation Insurance Authority.

Michael J. Steiner, Curt Kriksciun, Denver, for Amicus Curiae Colorado Compensation Insurance Authority.


Chief Justice VOLLACK, delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Axelson v. Pace Membership Warehouse, 923 P.2d 322 (Colo. App. 1996), in which the court of appeals determined that section 8-42-103(1)(f), 3B C.R.S. (1995 Supp.), violates the equal protection requirements of the United States and Colorado Constitutions. Because we hold that section 8-42-103(1)(f) is...

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