ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 5, 2010
“Slip opinions” are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.
Click on the case number to view published and modified published opinions.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 05CA1605
Jefferson County District Court No. 04CR1062
Honorable Leland P. Anderson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alarico Medina,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
Court of Appeals No. 08CA2201
Adams County District Court No. 91CR406
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Joseph Perry,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Ney*, JJ., concur
Court of Appeals No. 09CA0959
City and County of Denver District Court No. 05CV3541
Honorable Larry J. Naves, Judge
Honorable Sheila A. Rappaport, Judge
Holt Group, L.L.C., f/k/a Holt & Stalder, L.L.C.,
Plaintiff-Appellee,
v.
Willie Kellum and Kellum Enterprises, Inc.,
Defendants,
and Concerning Pioneer General Insurance Company,
Surety-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, JJ., concur
Court of Appeals No. 09CA1290
El Paso County District Court No. 08CV2489
Honorable G. David Miller, Judge
J.C. and C.C., individually and as birth parents on behalf of M.C., a minor,
Plaintiffs-Appellants,
v.
Dungarvin Colorado, LLC, a Minnesota corporation; Dungarvin Colorado, Inc., a Colorado corporation; Carmel Community Living Corporation, a Colorado corporation; The Resource Exchange, a Colorado corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
Court of Appeals No. 09CA1840
City and County of Denver District Court No. 09CV1572
Honorable Robert L. McGahey, Jr., Judge
E-21 Engineering, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Steve Stock & Associates, Inc., a Colorado corporation,
Defendant-Appellant.
ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE KAPELKE*
Roy and Booras, JJ., concur
Court of Appeals No. 09CA2520
Routt County District Court No. 07CV200
Honorable Shelley A. Hill, Judge
City of Steamboat Springs, a Colorado home rule municipality,
Petitioner-Appellee,
v.
Charles D. Johnson and Johnson Excavation, Inc.,
Respondents-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA1205
Boulder County District Court No. 06CR472
Honorable Lael E. Montgomery, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark David Baertschy,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Lichtenstein, J., concurs
Bernard, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1257
Pitkin County District Court No. 05CR50
Honorable Robert A. Brown, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Allen Key,
Defendant-Appellant.
ORDER AFFIRMED, SENTENCE REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
------------------------------AND------------------------------
Pitkin County District Court No. 06CR62
Honorable Robert A. Brown, Judge
Honorable James B. Boyd, Judge
Honorable Richard Hart, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Allen Key,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, SENTENCES REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
Prior Opinion Announced March 18, 2010, WITHDRAWN
Petition for Rehearing GRANTED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0080
City and County of Denver District Court No. 07CR1930
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremiah Jermaine Gooley,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE Márquez*
Dailey and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0206
Larimer County District Court No. 06CR1962
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frank Marzano,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GRAHAM
Loeb and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0464
Mesa County District Court No. 01CR422
Honorable David A. Bottger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sonny Lee,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CRISWELL*
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1946
City and County of Denver District Court No. 07CR6920
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Evan Mark Malone,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2007
Douglas County District Court No. 02CR382
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Wayne Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2584
City and County of Denver District Court No. 07CR7408
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vernon Anderson,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0001
Douglas County District Court No. 03DR92
Honorable Angela R. Arkin, Judge
In re the Marriage of
Shelly Siegfried,
Appellee,
and
Rick L. Siegfried,
Appellant.
JUDGMENT REVERSED IN PART, ORDER REVERSED, SENTENCE
VACATED, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0019
City and County of Denver District Court No. 08CV1985
Honorable Frank Plaut, Judge
Vu Duy Nguyen and Kieu Trang Thi-Do,
Plaintiffs-Appellants,
v.
Liberty Mutual Insurance Company,
Defendant-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0066
City and County of Denver District Court No. 08CV1991
Honorable Morris B. Hoffman, Judge
Vu Duy Nguyen and Kieu Trang Thi-Do,
Plaintiffs-Appellants,
v.
Liberty Mutual Insurance Company,
Defendant-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0090
El Paso County District Court No. 01DR2843
Honorable Barney Iuppa, Judge
In re the Marriage of
Kimberley Anne Morris,
Appellant,
and
John Daniel Cazier,
Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0127
Fremont County District Court No. 07CR350
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Robert Charles Johnson,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0370
El Paso County District Court No. 05CR5130
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone Maurice Lesane,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0650
City and County of Denver District Court No. 05CV3541
Honorable Larry J. Naves, Judge
Holt Group, L.L.C., f/k/a Holt & Stalder, L.L.C.,
Plaintiff-Appellee,
v.
Kellum Enterprises, Inc., a Colorado corporation; and Tom Connoly, as trustee for the Estate of Willie Kellum,
Defendants-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0745
Morgan County District Court No. 07CR320
Honorable John David Sullivan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregorio Zavala-Zavala,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0751
Jefferson County District Court No. 99DR3717
Honorable Jack W. Berryhill, Judge
In re the Marriage of
Christy Harrington, n/k/a Christy Ryan,
Petitioner,
and
Sean Harrington,
Respondent-Appellant
and Concerning Madeline Wilson, Esq. and William J. Fyfe, Special Advocate,
Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0927
Gunnison County District Court No. 07CV92
Honorable J. Steven Patrick, Judge
Rock Creek Ranch I, Ltd., a Texas limited partnership,
Plaintiff-Appellee,
and
Roger L. Day, Janice K. Day, William F. Bird, and Shari L. Bird,
Plaintiffs-Intervenors-Appellees,
v.
Riviera Drilling & Exploration Company, a Texas company,
Defendant-Appellant.
Judgment affirmed and case
remanded with directions
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1046
Adams County District Court No. 88CR1446
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence Conley,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Carparelli, Loeb, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1535
El Paso County District Court No. 07CV4775
Honorable Timothy J. Simmons, Judge
Thomas General Contractors, Inc.,
Plaintiff-Appellant and Cross-Appellee,
v.
Peak View Roofing Co., and Jeff Pierce,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA1557 & 09CA1558
Weld County District Court No. 08CV1182
Honorable Thomas J. Quammen, Judge
Brian Hegwood, formerly d/b/a Affordable Country Homes, LLC,
Plaintiff-Appellant,
v.
Rod Smith and Kevin Bunnell, d/b/a Bunnell Real Estate Services; and Kevin A. Cain, Esq.,
Defendants-Appellees.
JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1601
City and County of Denver District Court No. 86CR2134
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence P. Handy,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Carparelli, Loeb, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1662
Eagle County District Court No. 08CV156
Honorable Frederick W. Gannett, Judge
Gary Sawyer,
Plaintiff-Appellee,
v.
Michael Pelphrey,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1696
Sedgwick County District Court No. 09CV2
Honorable Douglas R. Vannoy, Judge
Decoca Eddins and Nathanial Eddins,
Plaintiffs-Appellants,
v.
Colorado Department of Transportation,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROMÁN
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1775
Routt County District Court No. 07CV200
Honorable Shelley A. Hill, Judge
City of Steamboat Springs, a Colorado home rule municipality,
Plaintiff-Appellee,
v.
Holders of Leasehold Interests in Certain Mobile Home Lots Located Within West Acres Mobile Home Park,
Intervenor-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1828
Larimer County District Court No. 07CV25
Honorable Stephen J. Schapanski, Judge
Michael J. Heaphy and Melissa L. Decker,
Plaintiffs-Appellants,
v.
Kim H. Taylor and Patricia L. Taylor,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1899
Crowley County District Court No. 08CV26
Honorable Michael A. Schiferl, Judge
Reginald Lawrence Harris,
Plaintiff-Appellant,
v.
Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2004
City and County of Denver District Court No. 09CV3430
Honorable Morris B. Hoffman, Judge
Steven Chavez, Director of the Colorado Civil Rights Division,
Plaintiff-Appellee,
v.
City and County of Denver, State of Colorado,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2222
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-777-145
Irma Ybarra,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Thompson School District RJ-2, and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Hawthorne and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0462
Industrial Claim Appeals Office of the State of Colorado
DD No. 38359-2009
Donald J. Thayer,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Western Security Systems, Inc.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 10CA0547
Industrial Claim Appeals Office of the State of Colorado
DD No. 35209-2009
Janice A. Stafford,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Cherry Creek School Dist. No. 5,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J. and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0554
Industrial Claim Appeals Office of the State of Colorado
DD No. 38455-2009
Carroll D. Clinton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mile High Transportation Svcs Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0616
Industrial Claim Appeals Office of the State of Colorado
DD No. 938-2010
Ida R. Garcia,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mental Health Center of Denver,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0780
Industrial Claim Appeals Office of the State of Colorado
DD No. 35274-2009
Edward Espinoza,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Sartorius TCC Company,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0961
Industrial Claim Appeals Office of the State of Colorado
DD No. 30668-2009
Joseph S. Ullman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Allison & Hainey, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0971
Industrial Claim Appeals Office of the State of Colorado
DD No. 6204-2010
Renee L. Peralta, n/k/a Renee Valverde,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Community Partnership for Child Development,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1001
Industrial Claim Appeals Office of the State of Colorado
DD No. 2125-2010
Benito L. Vigil,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and A & H Finishing Products Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No. 07CA1257
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Allen Key,
Defendant-Appellant.
Prior Opinion Announced March 18, 2010, WITHDRAWN
Petition for Rehearing GRANTED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1763
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Billy Joe Warren,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2185
Colin Farrell Photography, Inc.,
Plaintiff-Appellee,
v.
BJC Development Corporation,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0260
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicky L. Smith-Bey,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0488
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cecil Bynum,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1357
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Hurtado Marquez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0840
Carlo R. Campagna,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Poppies Restaurant, Inc.,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.