Brasher v. Industrial Commission

BERMAN, Judge.

Workmen’s compensation claimant, Curly Brasher, seeks review of a final order of the Industrial Commission denying his petition to reopen. We affirm.

Claimant contends that the Industrial Commission misconstrued § 8-53-113, C.R.S. (1985 Cum.Supp.) by reading into it a requirement that “change in condition” means physical change of claimant. We disagree that the Commission misconstrued the meaning of the statute.

The phrase “change in condition” in § 8-53-113 refers to a change in the physical condition of claimant, and not to changes in economic circumstances. Lucero v. Industrial…