INDUSTRIAL CLAIM APPEALS OFFICE v. RAY

Nos. 05SC632, 05SC652, 05SC757.

145 P.3d 661 (2006)

INDUSTRIAL CLAIM APPEALS OFFICE; New World Van Lines of Colorado, and Liberty Mutual Fire Insurance Company, Petitioners, v. Carnell RAY, Respondent. Industrial Claim Appeals Office, Sunnyrest Health Care, and Pinnacol Assurance, Petitioners, v. Jodie Marsh, Respondent. Industrial Claim Appeals Office; Nu Horizon Window Systems, Inc.; and Pinnacol Assurance, Petitioners v. Chris Ashmore, Respondent.

Supreme Court of Colorado, En Banc.

October 23, 2006.


Attorney(s) appearing for the Case

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

Zarlengo, Mott, Zarlengo and Winbourn, P.C., Scott M. Busser, Denver, Colorado, Attorneys for New World Van Lines of Colorado and Liberty Mutual Fire Insurance Company.

Michael J. Steiner, Denver, Colorado, Attorney for Pinnacol Assurance.

Bisset Law Firm, Jennifer Bisset, Denver, Colorado, Attorneys for Respondent Ray.

Alexander and Ricci, P.C., William Alexander, Jr., Colorado Springs, Colorado, Attorneys for Respondent Ashmore.

Stephanie J. Stevenson, P.C., Stephanie J. Stevenson, Colorado Springs, Colorado, Attorneys for Respondent Marsh.

Law Office of O'Toole & Sbarbaro, P.C., Neil D. O'Toole, John A. Sbarbaro, Denver, Colorado, Attorneys for Amicus Curiae Workers Compensation Education Association.


Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

We consolidated three workers' compensation cases decided by the court of appeals for purposes of this opinion: Ray v. Industrial Claim Appeals Office, 124 P.3d 891 (Colo. App.2005); Marsh v. Industrial Claim Appeals Office, No. 04CA0911, 2005 WL 1837497 (Colo.App. Aug.4, 2005) (not selected for publication); and Ashmore v. Industrial...

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