RUSK v. INDUSTRIAL COM'N OF STATE OF COLO.

No. 85CA0494.

716 P.2d 156 (1985)

Robert E. RUSK, Petitioner, v. The INDUSTRIAL COMMISSION OF the STATE OF COLORADO; Director, Department of Labor and Employment, Division of Labor, State of Colorado; Caterpillar Tractor Company; and Wausau Insurance Company, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 26, 1985.

Certiorari Granted March 10, 1986.


Attorney(s) appearing for the Case

Blackman & Levine, Lawrence D. Blackman, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for respondent Indus. Comn.

Zarlengo, Mott, Zarlengo & Winbourn, Lynn P. Lyon, Denver, for respondents Caterpillar Tractor Co. and Wausau Ins. Co.


Certiorari Granted (Rusk) March 10, 1986.

BABCOCK, Judge.

In 1975, claimant suffered an accident arising out of his employment with Caterpillar Tractor Company. On March 12, 1979, a hearing officer awarded claimant permanent total disability benefits. The order (original order) specified that "respondent [Wausau Insurance Company] shall take the appropriate social security offset." Pursuant to the order, Wausau made...

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