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SCRIVEN v. INDUSTRIAL COM'N

No. 86CA0313.

736 P.2d 414 (1987)

Kenneth SCRIVEN, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Colorado; Robert J. Husson, Director of the Division of Labor on Behalf of the Subsequent Injury Fund; Denver Dry Wall Company, Employer, and Employers Fire Insurance Company, Insurer, Respondents.

Colorado Court of Appeals, Div. I.

January 22, 1987.

Attorney(s) appearing for the Case

Law Office of Jonathan Wilderman, Jonathan Wilderman, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Michael J. Steiner, Asst. Atty. Gen., Denver, for respondents Robert Husson and Industrial Com'n.

Zarlengo, Mott, Zarlengo and Winbourn, Michelle Holland, Zane A. Moseley, Denver, for respondents Denver Dry Wall Co. and Employers Fire Ins. Co.

TURSI, Judge.

The claimant, Kenneth Scriven, seeks review of a final order of the Industrial Commission which affirmed the offset of his workmen's compensation benefits by an amount equal to the benefits he receives from the Centennial State Carpenters' Pension Trust Fund. Claimant contends the commission erred in (1) finding the pension fund was financed by the employer and (2) finding the pension fund was an "employer pension plan" within the meaning of the statute...

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