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AXELSON v. PACE MEMBERSHIP WAREHOUSE

No. 95CA0561.

923 P.2d 322 (1996)

Barbara AXELSON, Petitioner, v. PACE MEMBERSHIP WAREHOUSE, A DIVISION OF K-MART CORPORATION and The Industrial Claim Appeals Office of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 28, 1996.

Certiorari Granted September 3, 1996.

Attorney(s) appearing for the Case

Alexander & Ricci, William A. Alexander, Jr., Colorado Springs, for Petitioner.

Anderson, Campbell & Laugesen, P.C., John V. Fitzsimons, Denver, for Respondent Pace Membership Warehouse, A Division of K-Mart Corporation.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John D. Baird, First Assistant Attorney General, Denver, for Respondent Industrial Claim Appeals Office.

Opinion by Judge ROTHENBERG.

Barbara J. Axelson (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) upholding an offset of unemployment insurance benefits taken by Pace Membership Warehouse (employer) against claimant's temporary disability benefits. She also challenges the constitutional validity of the offset provision used by employer, § 8-42-103(1)(f), C.R.S. (1995 Cum.Supp.). Because we hold that this statute, as applied...

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