Benedict v. Industrial Claim Appeals Office

CRISWELL, Judge,

specially concurring.

Since I consider the result reached by the majority to be correct, I concur, generally, with Parts II and III of the majority opinion. I write separately, however, because I am not positive of the soundness of either Pinkard Construction Co. v. Industrial Commission, 694 P.2d 858 (Colo.App.1984) or Grover v. Industrial Commission, 739 P.2d 900 (Colo.App.1987).

In my view, § 8-53-113, C.R.S. (1986 Repl. Vol. 3B), which requires a petition to reopen a claim to be filed in order to end or diminish medical benefits, contemplates that such benefits as may be…