ROSA v. WARNER ELEC. CONTRACTING

No. 91CA1523.

849 P.2d 845 (1992)

Steven L. ROSA (Deceased), Christina Rosa, Joshua Rosa, Amber Rosa, and Nathaniel Rosa, Petitioners, v. WARNER ELECTRICAL CONTRACTING; Colorado Compensation Insurance Authority; and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 8, 1992.

Certiorari Granted April 12, 1993.


Attorney(s) appearing for the Case

Steven U. Mullens, P.C., Steven U. Mullens, Colorado Springs, Schur, Olive & Gavaldon, Robert Schur, Fort Collins, for petitioners.

Michael J. Steiner, Denver, for respondents Warner Elec. Contracting and Colorado Compensation Ins. Authority.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jeanne Labuda, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.


Opinion by Judge SMITH.

Christina, Joshua, Amber, and Nathaniel Rosa (claimants), who are dependents of the deceased employee, Steven L. Rosa (decedent), challenge the constitutionality of the workers' compensation offset statute applied by the Industrial Claim Appeals Panel in determining that respondents, Warner Electrical Contracting (employer) and Colorado Compensation Insurance Authority (CCIA), are entitled to offset 100% of claimants' workers' compensation...

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