ANDERSON v. LONGMONT TOYOTA, INC.

Nos. 03SC450, 04SC22.

102 P.3d 323 (2004)

Andrew ANDERSON and Industrial Claim Appeals Office of the State of Colorado, Petitioners, v. LONGMONT TOYOTA, INC.; HIH Insurance; and Western Guaranty Fund Services, Respondents. Timothy Krause and Industrial Claim Appeals Office of the State of Colorado, Petitioners, v. Sorter Construction, Inc.; and Pinnacol Assurance, Respondents.

Supreme Court of Colorado, En Banc.

December 6, 2004.


Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Pepe J. Mendez & Associates, P.C., Pepe J. Mendez, Denver, for Petitioner Andrew Anderson.

Ken Salazar, Attorney General, Laurie Rottersman, Assistant Attorney General, State Services Section, Denver, for Petitioner Industrial Claim Appeals Office.

Clifton, Hook & Bovarnick, P.C., Richard A. Bovarnick, Harvey D. Flewelling, Denver, for Respondents Longmont Toyota, Inc.; HIH Insurance; and Western Guaranty Fund Services.

Clisham, Satriana & Biscan, L.L.C., Patricia Jean Clisham, Keith E. Mottram, Denver, for Amicus Curiae Colorado Self Insurers Association.

Pinnacol Assurance, Brandee DeFalco Galvin, Michael J. Steiner, Denver, for Amicus Curiae Pinnacol Assurance.

Eley & Eley, LLC, Craig C. Eley, Douglas R. Phillips, P.C., Douglas R. Phillips, O'Toole & Sbarbaro, PC, Neil D. O'Toole, Denver, for Amicus Curiae Worker's Compensation Education Association.

Withers Seidman Rice & Mueller, P.C., Christopher Seidman, Grand Junction, for Petitioner Timothy Krause.


HOBBS, Justice.

In these workers' compensation cases, we address two certiorari issues involving temporary total disability (TTD) benefit provisions in section 8-42-105(4) of the Workers' Compensation Act of Colorado, sections 8-40-101 to 8-47-209, C.R.S. (2004)("Act").1 At issue are competing constructions of this section by the Industrial Claim Appeals Office (ICAO) and the Colorado Court of...

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