Electron Corp. v. Industrial Claim Appeals Office

Judge MARQUEZ

dissenting.

I respectfully dissent.

The majority’s reliance on Climax Molybdenum Co. v. Walter, 812 P.2d 1168 (Colo.1991) fails to consider significant factual and legal differences between that case and the one at issue here. In both cases the workers sustained multiple disabilities while employed by a single employer. However, the worker in Climax was permanently and totally disabled by the combined effect of two accidental injuries and an occupational disease. Significantly, the occupational disease was the final disabling injury. As a result, the employer in Climax was liable…