Banks v. Industrial Claim Appeals office

Claimant, Laura Ann Banks, seeks review of an order of the Industrial Claim Appeals Office (Panel) denying her claim for workmens compensation benefits from her employer, Rocky Flats. The Panels decision left intact the conclusion by the administrative law judge (ALJ) that Colorado law prohibits a recovery of benefits by an employee who suffers injuries at the hands of a co-employee as a result of a physical altercation if the claimant is the initial aggressor in the dispute. We set aside the Panels award and remand for further proceedings.