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COLORADO SPRINGS DISPOSAL v. INDUST. CLAIM

No. 01CA0464.

58 P.3d 1061 (2002)

COLORADO SPRINGS DISPOSAL, d/b/a Bestway Disposal; and Colorado Compensation Insurance Authority, d/b/a Pinnacol Assurance, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO and Matthew J. Martinez, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 23, 2002.

Certiorari Denied November 25, 2002.

Attorney(s) appearing for the Case

Curt Kriksciun, Denver, Colorado, for Petitioners.

Ken Salazar, Attorney General, Laurie K. Rottersman, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Winston Law Firm, Joseph R. Winston, Haydn Winston, Colorado Springs, Colorado, for Respondent Matthew J. Martinez.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado; Pepe J. Mendez & Associates, P.C., Pepe J. Mendez, Denver, Colorado, for Amicus Curiae Workers Compensation Education Association.

Opinion by Judge DAILEY.

The sole issue in this workers' compensation case is whether Matthew J. Martinez (claimant) is barred from receiving temporary total disability (TTD) benefits because he was responsible for his subsequent termination from employment. We conclude that claimant is entitled to such benefits, and therefore we affirm the final order of the Industrial Claim Appeals Office (Panel) imposing liability on the...

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