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JOHNSON v. INDUSTRIAL COM'N OF STATE

No. 86SC383.

761 P.2d 1140 (1988)

Richard E. JOHNSON, Petitioner, v. The INDUSTRIAL COMMISSION OF the STATE OF COLORADO; Mike L. Baca and Gary B. Rose, as Members of the Industrial Commission of the State of Colorado; Charles McGrath, Director of the Division of Labor; Patricia Jean Clisham, the Hearing Officer of the Department of Labor and Employment, Division of Labor, State of Colorado; Lovett Ski Corporation; and State Compensation Insurance Fund, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 11, 1988.

Attorney(s) appearing for the Case

French & Stone, P.C., Mark M. Haynes, Boulder, 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 respondent, The Indus. Com'n of the State of Colo.

Paul Tochtrop, Denver, for respondent, State Compensation Ins. Fund.

QUINN, Chief Justice.

We granted certiorari to review the decision of the court of appeals in Johnson v. Industrial Commission, 732 P.2d 1236 (Colo.App.1986), which construed section 8-51-101(1)(c), 3B C.R.S. (1986), to permit a workers' compensation insurer to offset against future workers' compensation disability benefits payable to a claimant one-half the amount of federal social security disability benefits received by...

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