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L.E.L. CONST. v. GOODE

Nos. 91CA1597, 91CA1598.

849 P.2d 876 (1992)

L.E.L. CONSTRUCTION and Colorado Compensation Insurance Authority, Petitioners, v. Janet GOODE, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Workers' Compensation, Respondents. and CRESTED BUTTE SOUTH METROPOLITAN DISTRICT and Colorado Compensation Insurance Authority, Petitioners, v. Bettie TRAVIS, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Workers' Compensation, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 10, 1992.

Certiorari Granted April 12, 1993.

Attorney(s) appearing for the Case

Paul Tochtrop, Denver, for petitioners L.E.L. Const., Colorado Compensation Ins. Authority and Crested Butte South Metropolitan Dist.

Leventhal & Bogue, P.C., Bruce Kaye, Denver, for respondent Janet Goode.

Withers, Seidman & Rice, P.C., Gudrun Rice, Grand Junction, for respondent Bettie Travis.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John D. Baird, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office and Director, Div. of Workers' Compensation.

Glasman, Jaynes & McBride, Ronald C. Jaynes, Denver, for amicus curiae Colorado Defense Lawyers Ass'n.

Herbert S. Schiff, Boulder, for amicus curiae Workers' Compensation Educ. Ass'n.

Susanna Meissner-Cutler, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.

Opinion by Judge BRIGGS.

In this consolidated appeal, we consider whether workers' compensation death benefits payable to the surviving spouse of a deceased worker can be offset by federal social security "mother's and father's insurance benefits." The Industrial Claim Appeals Panel affirmed the orders of the Administrative Law Judge (ALJ) prohibiting petitioners, L.E.L. Construction (employer of decedent Donnie L. Goode), Crested Butte South Metropolitan District...

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