(DOWNLOAD) "Loffland Brothers Co. V. Industrial Claim Appeals Panel" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Loffland Brothers Co. V. Industrial Claim Appeals Panel
- Author : Colorado Supreme Court
- Release Date : January 13, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
We granted certiorari to review the opinion of the Colorado Court of Appeals in Loffland Brothers Co. v. Industrial Claim Appeals Office, 754 P.2d 768 (Colo. App. 1988), to determine whether our decision in Padilla v. Industrial Commission, 696 P.2d 273 (Colo. 1985), is to be given retroactive effect. In Padilla, we held that the Director of the Division of Labor had the statutory authority to reopen any workers, compensation claims, whether previously resolved by adjudicatory proceedings or by settlement agreements, and that no private agreement between the parties could abrogate the Director's reopening authority. Subsequent to our decision in Padilla, the respondent, Kriss Burwell, petitioned the Director to reopen his workers, compensation claim on the ground that his physical condition had worsened. In his settlement agreement, entered into prior to our decision in Padilla. Burwell waived "his right to re-open his case for any benefits whatsoever excepting medical benefits" provided for in the agreement. Despite this waiver, the hearing officer allowed the reopening of Burwell's claim "[i]n accordance with the holding in Padilla."