Nolan v. INDUSTRIAL COM'N OF COLORADO

PIERCE, Judge.

Mary A. Nolan seeks review of an order of the Industrial Commission in which it ruled that evidence submitted by her was insufficient to warrant the reopening of her claim. In arriving at this decision, the Commission reversed some of the findings made by the referee and entered its own findings based on the record. We set aside the order and remand.

The principal issue presented is whether the 1981 statutory amendment to § 8-53-106(2)(b), C.R.S.1973 (1982 Cum.Supp.), which forbids the Commission from reversing evidentiary findings of a referee unless the findings are contrary to…