LONGMONT TOYOTA v. INDUSTRIAL CLAIM APPEALS

No. 02CA0441.

85 P.3d 548 (2003)

LONGMONT TOYOTA, INC.; HIH Insurance; and Western Guaranty Fund Services, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Andrew Anderson, Respondents.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 12, 2003.

Certiorari Granted March 8, 2004.


Attorney(s) appearing for the Case

Clifton, Hook & Bovarnick, P.C., Richard A. Bovarnick, Gary L. Fleming, Denver, Colorado, for Petitioners.

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

Law Office of Robert A. Garcin, Robert A. Garcin, Loveland, Colorado, for Respondent Andrew Anderson.

Michael J. Steiner, Denver, Colorado, for Amicus Curiae Colorado Compensation Insurance Authority, d/b/a Pinnacol Assurance.


Opinion by Judge TAUBMAN.

In this workers' compensation proceeding, Longmont Toyota, Inc., and its insurer, HIH Insurance (collectively employer), seek review of the final order issued by the Industrial Claim Appeals Office (Panel) which awarded temporary total disability (TTD) benefits to Andrew Anderson (claimant). We set aside the order and remand.

The following facts are not in dispute. Claimant sustained an admitted injury to his lower back on June 5...

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