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KOCH INDUSTRIES, INC. v. PENA

No. 95CA0731.

910 P.2d 77 (1995)

KOCH INDUSTRIES, INC., and Pacific Employers Insurance Company, Petitioner, v. Luis A. PENA (Deceased), Maria De Pena, Adam Pena and David Pena and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. V.

December 7, 1995.

Attorney(s) appearing for the Case

Glasman, Jaynes, McBride & Musgrave, Thomas O. McBride, Art M. Lee, Denver, for Petitioners.

Robert P. Koehler, Denver, for Respondent Maria De Pena.

No Appearance for Respondent Adam Pena.

No Appearance for Respondent David Pena.

No Appearance for Respondent The Industrial Claim Appeals Office of the State.

Opinion by Judge DAVIDSON.

In this workers' compensation proceeding, petitioners, Koch Industries, Inc., and Pacific Employers Insurance Company, seek review of a final order of the Industrial Claim Appeals Panel (Panel) which determined that the death benefits payable to Maria De Pena, wife of the deceased worker, Luis A. Pena, were not subject to an offset for social security payments received by decedent's sons from a prior marriage. We affirm.

In December...

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