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BAILEY v. LAKEWOOD FIRE PROTECTION DIST.

Nos. 79CA0945, 80CA0060.

618 P.2d 716 (1980)

C. Edward BAILEY, Petitioner, v. LAKEWOOD FIRE PROTECTION DISTRICT, State Compensation Insurance Fund, and The Industrial Commission of Colorado, Respondents. Delbert L. CAMPBELL, Petitioner, v. The CITY OF LITTLETON, State Compensation Insurance Fund, and The Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearings Denied July 31, 1980.

Certiorari Denied October 6, 1980 and October 20, 1980.

Attorney(s) appearing for the Case

George T. Ashen, John A. Steninger, Denver, for petitioner.

James A. May, Kathleen W. Robinson, Richard L. Susman, Denver, for respondents Lakewood Fire Protection Dist. and State Compensation Ins. Fund in No. 79CA0945.

John V. FitzSimons, William J. Baum, Denver, for respondents The City of Littleton and State Compensation Ins. Fund in No. 80CA0060.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Molly Sommerville, Asst. Atty. Gen., Denver, for respondents Industrial Commission.

RULAND, Judge.

We have consolidated these two cases for purpose of a written opinion. The sole issue in each appeal is the correct interpretation of § 8-51-101(1)(d), C.R.S.1973, of the Workmen's Compensation Act, which provides for certain deductions when a claimant is entitled to both benefits under the Act and benefits from the disability provisions of his employer's pension plan. We concur with the interpretation of the Industrial Commission as contained...

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