DUNCAN v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 03CA1616.

107 P.3d 999 (2004)

Margaret L. DUNCAN, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; Mariner Post Acute Network, d/b/a Garden Square at Westlake; and American Home Assurance, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 19, 2004.

Certiorari Denied January 24, 2005.


Attorney(s) appearing for the Case

The Morrell Law Office, LLC, Britton Jess Morrell, Greeley, Colorado, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Senter Goldfarb & Rice, LLC, Kent L. Yarbrough, Denver, Colorado, for Respondents Mariner Post Acute Network and American Home Assurance.


Opinion by Judge GRAHAM.

In this workers' compensation proceeding, Margaret L. Duncan (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) apportioning only twenty-five percent liability for medical and temporary disability benefits to Mariner Post Acute Network and its insurer, American Home Assurance (collectively employer). We affirm.

The administrative law judge (ALJ) found that while claimant was working in March 2002...

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