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CHAVEZ v. KELLEY TRUCKING, INC.

No. 10CA1720.

275 P.3d 737 (2011)

Jose CHAVEZ, Plaintiff-Appellee, and Pinnacol Assurance, Plaintiff-Appellant v. KELLEY TRUCKING, INC., Defendant.

Colorado Court of Appeals, Div. V.

October 13, 2011.

Attorney(s) appearing for the Case

Fogel Keating Wagner Polidori and Shafner, P.C., William L. Keating , Steven R. Polidori , Deirdre E. Ostrowski , Denver, Colorado, for Plaintiff-Appellee.

Ritsema & Lyon, P.C., Michael A. Perales , Denver, Colorado, for Plaintiff-Appellant.

Opinion by Judge CARPARELLI.

Plaintiff Pinnacol Assurance (Pinnacol) appeals the trial court's order denying its motions for forfeiture or apportionment of proceeds from the settlement of noneconomic damages claims between plaintiff Jose Chavez (Chavez) and defendant Kelley Trucking, Inc. (Kelley). Pinnacol asserts that the Workers' Compensation Act requires Chavez to forfeit settlement proceeds for noneconomic damages because he did not obtain Pinnacol's consent...

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