ARENAS v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 99CA1067.

8 P.3d 558 (2000)

Frank ARENAS, Petitioner and Cross-Appellee, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Respondent, and Kent Enterprises d/b/a Kent Sheet Metal and Fremont Indemnity Insurance Company, Respondents and Cross-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 13, 2000.

Certiorari Denied August 21, 2000.


Attorney(s) appearing for the Case

The McDivitt Law Firm, P.C., Patrick J. McDivitt, Colorado Springs, Colorado for Petitioner and Cross-Appellee.

No Appearance for Respondent Industrial Claim Appeals Office.

Ritsema & Lyon, P.C., Carol Ann Finley, Colorado Springs, Colorado for Respondents and Cross-Appellants Kent Enterprises and Fremont Indemnity Insurance Company.


Opinion by Judge DAILEY.

In this workers' compensation case, Frank Arenas (claimant) petitions for review of a final order of the Industrial Claim Appeals Office (Panel) reducing his temporary disability benefits by the fifty percent penalty for intoxication. Kent Enterprises, doing business as Kent Sheet Metal, and its insurer, Fremont Indemnity Insurance Company (collectively employer), cross-petition for review of that portion of the Panel's order denying a retroactive...

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