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DWORKIN, CHAMBERS & WILLIAMS, P.C. v. PROVO

No. 02SC792.

81 P.3d 1053 (2003)

DWORKIN, CHAMBERS & WILLIAMS, P.C., jointly; and Gregory K. Chambers, individually, Petitioners, v. Susan J. PROVO, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 12, 2004.

Attorney(s) appearing for the Case

Larry N. Harris, Littleton, Colorado, Attorney for Petitioners.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado, Steven U. Mullens, P.C., Steven U. Mullens, Colorado Springs, Colorado, Attorneys for Respondent.

Pinnacol Assurance, Brandee DeFalco Galvin, Denver, Colorado, Attorneys for Amicus Curiae Pinnacol Assurance.

Justice BENDER delivered the Opinion of the Court.

INTRODUCTION

In this case, we hold that an attorney does not violate a specific workers' compensation penalty statute by advising an insurer to violate a lawful order, even if the attorney acts with fraud or malice. To reach this holding, we address two related issues: first, whether an attorney fails, neglects, or refuses to obey a lawful order in a workers' compensation setting by advising an insurer not...

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