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ZERBA v. DILLON COMPANIES, INC.

No. 11CA1777.

292 P.3d 1051 (2012)

2012 COA 78

Robert ZERBA, Petitioner and Cross-Respondent, v. DILLON COMPANIES, INC., d/b/a King Soopers, Respondent and Cross-Petitioner, and Industrial Claim Appeals Office of the State of Colorado, Respondent.

Colorado Court of Appeals, Div. V.

April 26, 2012.

Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Pattie J. Ragland , Westminster, Colorado, for Petitioner and Cross-Respondent.

Thomas Pollart & Miller LLC, Margaret Keck , Greenwood Village, Colorado, for Respondent and Cross-Petitioner.

No Appearance for Respondent.

Opinion by Judge GRAHAM.

¶ 1 This workers' compensation action requires us to examine the statutes governing offsets to permanent total disability (PTD) benefits. Both parties seek review of the final decision of the Industrial Claim Appeals Office (Panel), which allowed employer, Dillon Companies, Inc., doing business as King Soopers, to offset the old-age Social Security payments (SSA) received by claimant, Robert Zerba, against his PTD benefits, but denied...

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