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COLORADO DEPT. OF HIGHWAYS v. SPARLING

No. 91SC33.

821 P.2d 780 (1991)

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

Supreme Court of Colorado, En Banc.

December 9, 1991.

Attorney(s) appearing for the Case

Paul Tochtrop and Michael J. Steiner, Denver, for petitioners.

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

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Michael P. Serruto, Asst. Atty. Gen., Denver, for Indus. Claim Appeals Office.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari to review the decision of the Colorado Court of Appeals in Sparling v. Colorado Department of Highways, 812 P.2d 686 (Colo.App.1990). This case requires us to determine whether the offset to workers' compensation payments required by section 8-51-101(1)(d), 3B C.R.S. (1986),1 should be calculated before or after federal...

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