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SPARLING v. COLORADO DEPT. OF HIGHWAYS

Nos. 89CA1425, 89CA1429.

812 P.2d 686 (1990)

William E. SPARLING, Petitioner, v. COLORADO DEPARTMENT OF HIGHWAYS, State Compensation Insurance Authority, Industrial Claim Appeals Office of the State of Colorado, and Director of the Division of Labor and Training, Respondents. COLORADO DEPARTMENT OF HIGHWAYS and State Compensation Insurance Authority, Petitioners, v. William E. SPARLING, Industrial Claim Appeals Office of the State of Colorado and Director of the Division of Labor and Training, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 10, 1991.

Certiorari Granted July 9, 1991.

Attorney(s) appearing for the Case

Paul Tochtrop, Denver, for Colorado Dept. of Highways and State Compensation Ins. Authority.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Michael P. Serruto, Asst. Atty. Gen., Denver, for Industrial Claim Appeals Office of the State of Colorado and Director of the Div. of Labor and Training.

Fogel, Keating and Wagner, P.C., Marshall A. Fogel, Denver, for William E. Sparling.

Opinion by Judge RULAND.

In this workers' compensation case, the Industrial Claim Appeals Office (Panel) addressed whether amounts withheld from a public employee's disability pension benefits for taxes and insurance premium should be considered in calculating the mandatory reduction in compensation benefits under § 8-51-101(1)(d), C.R.S. (1986 Repl.Vol. 3B) (now codified as § 8-42-103, C.R.S. (1990 Cum.Supp.))...

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