City & County of Denver v. Industrial Commission

I dissent on two counts. First, I disagree with the majority’s characterization of the hearing officer’s findings on the cause of the claimant’s permanent and total disability as “ultimate conclusions of fact” and therefore subject to reversal by the Industrial Commission under section 8-53-106(2)(b), 3 C.R.S. (1982 Supp.), ch. 86, sec. 2, 1981 Colo.Sess. Laws 476-77.1 Second, I cannot accept the majority’s construction of section 8-51-106(l)(a), 3 C.R.S. (1983 Supp.), to preclude the payment of compensation benefits by the Subsequent Injury Fund when nonindustrial factors contribute to the…