STATE PENITENTIARY v. TOOTHAKER

No. 91CA0234.

832 P.2d 1009 (1991)

STATE PENITENTIARY and Colorado Compensation Insurance Authority, Petitioners, v. Dorothy TOOTHAKER, The Industrial Claim Appeals Office of the State of Colorado and Director, Division of Labor, Respondents.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing December 19, 1991.

Certiorari Denied June 22, 1992.


Attorney(s) appearing for the Case

John Berry, Denver, for petitioners.

Gerlach & Weddell, P.C., Dale A. Gerlach, Colorado Springs, for respondent Dorothy Toothaker.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Denver, for respondents Indus. Claim Appeals Office and Director, Div. of Labor.


Opinion by Judge DAVIDSON.

Petitioners, State Penitentiary and Colorado Compensation Insurance Authority, seek review of a final order of the Industrial Claim Appeals Panel determining that after claimant Dorothy Toothaker's 65th birthday they will no longer be entitled to an offset against their disability payments to her by virtue of her Public Employees Retirement Association (PERA) "Disability Pension." We set aside the order.

Claimant sustained an admitted...

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