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METRO GLASS & GLAZING, INC. v. ORONA

No. 93CA0632.

868 P.2d 1178 (1994)

METRO GLASS & GLAZING, INC., and Colorado Compensation Insurance Authority, Petitioners, v. Susan ORONA and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. II.

January 27, 1994.

Attorney(s) appearing for the Case

Paul Tochtrop, Denver, for petitioners.

Douglas R. Phillips, Denver, for respondent Susan Orona.

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 respondent Indus. Claim Appeals Office.

Opinion by Judge NEY.

At issue in this workers' compensation case is whether death benefits payable to a dependent spouse under § 8-42-116(1), C.R.S. (1993 Cum.Supp.) are subject to an offset for social security disability (SSDI) insurance benefits. The Industrial Claim Appeals Panel ruled that the death benefits cannot be offset by SSDI benefits which terminated upon the decedent's death. We agree and, therefore, affirm.

The pertinent facts are not in...

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