L.E.L. CONST. v. GOODE

No. 92SC837.

867 P.2d 875 (1994)

L.E.L. CONSTRUCTION; Crested Butte South Metropolitan District; and Colorado Compensation Insurance Authority, Petitioners, v. Janet GOODE; Bettie Travis; the Industrial Claim Appeals Office of the State of Colorado; and Director, Division of Workers' Compensation, Respondents.

Supreme Court of Colorado, En Banc.

January 31, 1994.


Attorney(s) appearing for the Case

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

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., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Mary Karen Maldonado, First Asst. Atty. Gen., John D. Baird, Asst. Atty. Gen., Denver, for respondent Indus. Claim Appeals Office.


Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review L.E.L. Construction v. Goode, 849 P.2d 876 (Colo. App.1992), which addressed two cases consolidated by the court of appeals. The court of appeals held that federal social security "mother's insurance benefits" are not "periodic death benefits" within the meaning of section 8-50-103, 3B C.R.S. (1986) (now codified with changes at section 8-42...

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