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PANERA BREAD, LLC v. INDUS. CLAIM APPEALS OFFICE

No. 05CA1465.

141 P.3d 970 (2006)

PANERA BREAD, LLC, and Sentry Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Julio Medina, Respondents.

Colorado Court of Appeals, Div. I.

July 13, 2006.

Attorney(s) appearing for the Case

White and Steele, P.C., John M. Lebsack, Denver, Colorado, for Petitioners.

No Appearance for Respondent Industrial Claim Appeals Office.

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

Opinion by Judge MÁRQUEZ.

Panera Bread and its insurer, Sentry Insurance Company (collectively employer), seek review of a final order of the Industrial Claim Appeals Office (Panel) determining that an injury which occurred at the jobsite during horseplay was compensable. We affirm.

The findings of the administrative law judge (ALJ) can be summarized as follows. Julio Medina (claimant) was employed in a bakery, working in and around a cooler, and his...

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