BERG v. IND. CLAIM APPEALS OFF. OF COLORADO

No. 04CA1130.

128 P.3d 270 (2005)

Randy BERG, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, United Parcel Services, and Liberty Mutual Group, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 27, 2005.

Certiorari Denied February 6, 2006.


Attorney(s) appearing for the Case

Law Office of O'Toole & Sbarbaro, P.C., John A. Sbarbaro, Denver, Colorado, for Petitioner.

John W. Suthers, Attorney General, Laurie Rottersman, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Weinberger & Serruto, P.C., Robert A. Weinberger, Denver, Colorado, for Respondents United Parcel Services and Liberty Mutual Group.


PICCONE, J.

In this workers' compensation proceeding, Randy Berg (claimant) seeks review of the final order issued by the Industrial Claim Appeals Office (Panel) which denied his petition to reopen. We set the order aside and remand with directions.

I.

In January 2002, claimant sustained a compensable back injury. His treating physician placed him at maximum medical improvement (MMI) on October 23, 2002, with a ten percent whole person impairment...

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