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MILLER v. INDUS. CLAIM APPEALS OFFICE

No. 98CA1275.

985 P.2d 94 (1999)

Edward Eugene MILLER, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, San Juan County Mining, Colorado Compensation Insurance Authority, and Subsequent Injury Fund, Respondents.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 5, 1999.

Attorney(s) appearing for the Case

Crane and Tejada, P.C., Bethiah B. Crane, Durango, for Petitioner.

Colorado Compensation Insurance Authority, Michael J. Steiner, Denver, for Respondent San Juan County Mining.

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

No Appearance for Respondent Industrial Claim Appeals Office.

Opinion by Judge PLANK.

In this workers' compensation proceeding, Edward Eugene Miller (claimant) seeks review of the final order issued by the Industrial Claim Appeals Office (Panel) upholding the order of the Administrative Law Judge (ALJ) which determined that the five-year statute of limitations set forth in Colo. Sess. Laws 1990, ch. 62, § 8-43-103(3) at 500, bars his claim. We set aside the order and remand.

After an evidentiary hearing, the ALJ...

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