WILLIAMS v. KUNAU

No. 06SC93.

147 P.3d 33 (2006)

Bruce A. WILLIAMS, Petitioner v. Timothy R. KUNAU, d/b/a Kunan Drilling; Pinnacol Assurance; and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

November 6, 2006.


Attorney(s) appearing for the Case

Spencer & Spencer, P.C., Patrick C.H. Spencer, II, Colorado Springs, Colorado, Attorneys for Petitioner.

Alexander and Ricci, P.C., William A. Alexander, Jr., Colorado Springs, Colorado, Attorneys for Petitioner.

Pinnacol Assurance, Harvey D. Flewelling, Denver, Colorado, Attorneys for Respondents, Pinnacol Assurance and Timothy R. Kunau, d/b/a Kunau Drilling.

John W. Suthers, Attorney General, Vincent E. Morscher, Assistant Attorney General, Civil Litigation and Employment Law Section, Denver, Colorado, Attorneys for Respondent, Industrial Claim Appeals Office.

Ritsema & Lyon, P.C., T. Paul Krueger II, Denver, Colorado, Attorneys for Amicus Curiae Colorado Self Insurers Association.

Pepe J. Mendez and Associates, P.C., Michelle L. LaForett, Denver, Colorado, Attorneys for Amicus Curiae Workers Compensation Education Association.


Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this workers' compensation case to review the court of appeals' decision in Williams v. Industrial Claim Appeals Office, 128 P.3d 335 (Colo. App.2006). This case concerns whether, following a determination by an independent medical examiner that a claimant has not reached maximum medical improvement ("MMI"), an employer or insurer may close the case...

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