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HARMAN-BERGSTEDT, INC. v. LOOFBOURROW

Supreme Court Case No. 11SC926.

320 P.3d 327 (2014)

2014 CO 5

HARMAN-BERGSTEDT, INC., d/b/a Kentucky Fried Chicken and Zurich American Insurance Company, Petitioners v. Elaine LOOFBOURROW and Industrial Claim Appeals Office, Respondents.

Supreme Court of Colorado.

January 27, 2014.

Attorney(s) appearing for the Case

Attorneys for Petitioners: Thomas Pollart & Miller LLC, Margaret Keck , Greenwood Village, Colorado

Attorneys for Respondent Elaine Loofbourrow: Law Office of O'Toole & Sbarbaro, P.C., John A. Sbarbaro , Denver, Colorado

En Banc

JUSTICE COATS delivered the Opinion of the Court.

¶ 1 Harman-Bergstedt and its insurer sought review of the judgment of the court of appeals reversing an Industrial Claim Appeals Office decision, which had disallowed Loofbourrow's award of temporary disability benefits. The ICAO panel had reasoned that once Loofbourrow's treating physician placed her at maximum medical improvement, notwithstanding the failure of her injury to result in any work loss at all, temporary...

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