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RUSSELL v. COLORADO DIV. OF EMPLOYMENT

No. 88CA0866.

786 P.2d 483 (1989)

Ronald W. RUSSELL, Petitioner, v. COLORADO DIVISION OF EMPLOYMENT, State Compensation Insurance Authority, and the Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. IV.

Rehearing Denied October 5, 1989.

Certiorari Denied January 29, 1990.

Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Steven U. Mullens and James A. May, Pueblo, for petitioner.

Anderson, Campbell and Laugesen, P.C., Michael W. Sutherland, Denver, for respondents Colorado Div. of Employment and State Compensation Ins. Authority.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Aurora Ruiz-Hernandez, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office of the State of Colo.

Opinion by Judge JONES.

In this workmen's compensation case, the question before the Industrial Claim Appeals Office (Panel) was whether the average weekly wage for Ronald W. Russell (claimant) should include amounts contributed by his employer for life insurance, health insurance, and his non-vested retirement benefits. The Panel concluded that the non-vested contribution to a retirement fund could not be included but that the other contributions were proper. In...

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