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LOBATO v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 03SC556.

105 P.3d 220 (2005)

Petitioner: Enrique LOBATO, v. Respondents: INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Western Forge.

Supreme Court of Colorado, En Banc.

January 18, 2005.

Attorney(s) appearing for the Case

Steven R. Waldmann, Colorado Springs, for Petitioner.

Dworkin, Chambers & Williams, P.C., David J. Dworkin, Steven G. York, Denver, for Respondent Western Forge.

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

Gordon & MacDonald, P.C., William J. MacDonald, Denver, for Amicus Curiae Workers' Compensation Education Association.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Amicus Curiae Steven U. Mullens.

Justice COATS dissents.

HOBBS, Justice.

We granted certiorari in this workers' compensation case to consider the effect of a 1999 amendment to the Workers' Compensation Act (Act) retroactively altering the timeline for claimants' selection of a division independent medical examiner (DIME).1 The Administrative Law Judge (ALJ), Industrial Claim Appeals Office (ICAO), and the Director of the Division of Workers' Compensation (Director) issued three separate interpretations...

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