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PEPPER v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 04CA0457.

131 P.3d 1137 (2005)

Booth PEPPER, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado, City of Florence, and CIRSA, Respondents.

Colorado Court of Appeals, Division I.

Rehearing Denied November 10, 2005.

Certiorari Granted April 17, 2006.

Attorney(s) appearing for the Case

Koncilja & Koncilja, P.C., James R. Koncilja, Lawrence D. Saunders, Stephen M. Johnston, Pueblo, Colorado, for Petitioner.

John W. Suthers, Attorney General, Y.E. Scott, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Ritsema & Lyon, P.C., T. Paul Krueger, II, Denver, Colorado, for Respondents City of Florence and CIRSA.

LOEB, J.

The sole issue in this appeal is whether § 8-40-202(1)(a)(I)(A), C.R.S.2005, violates equal protection guarantees because it excludes, at the option of the governmental body, members of volunteer police departments from the definition of an "employee" for purposes of workers' compensation coverage. We conclude that the statute is unconstitutional. Accordingly, we set aside the order of the Industrial Claim Appeals Office (Panel) concluding that Booth...

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