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AVALANCHE INDUSTRIES v. ICAO

No. 06CA0716.

166 P.3d 147 (2007)

AVALANCHE INDUSTRIES, INC., Great States Insurance Company c/o Colorado Insurance Guaranty Association, and Western Guaranty Fund, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Gladys Louise Clark, Respondents.

Colorado Court of Appeals, Div. IV.

Certiorari Granted August 27, 2007.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, Thomas L. Kanan, C. Adam Foster, Denver, Colorado, for Petitioners.

John W. Suthers, Attorney General, Mark N. McMullen, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Heuser and Heuser, LLP, Gordon J. Heuser, Colorado Springs, Colorado, for Respondent Gladys Louise Clark.

Opinion by Judge HAWTHORNE.

In this workers' compensation proceeding, Avalanche Industries, Inc., and its insurers, Great States Insurance Company and Western Guaranty Fund (collectively employer), seek review of a final order of the Industrial Claim Appeals Office (Panel) affirming the order of the administrative law judge (ALJ) that the average weekly wage (AWW) of Gladys Louise Clark (claimant) should be recalculated to reflect her higher earnings from a subsequent...

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