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SCHELLY v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 97CA0775.

961 P.2d 547 (1997)

Patricia A. SCHELLY, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO; Director, Department of Labor & Employment, Division of Worker's Compensation; King Soopers, Inc.; and the Subsequent Injury Fund, Respondents.

Colorado Court of Appeals, Div. A.

Rehearing Denied January 29, 1998.

Certiorari Denied July 27, 1998.

Attorney(s) appearing for the Case

Dwyer, Huddleson & Ray, P.C., Stephen J. Jouard, Fort Collins, for Petitioner.

Glasman, Jaynes, McBride & Musgrave, L.L.P., Ronald C. Jaynes, Art M. Lee, Denver, for Respondent King Soopers, Inc.

No Appearance for Respondents Subsequent Injury Fund, Department of Labor & Employment, Division of Worker's Compensation, and the Industrial Claim Appeals Office.

Opinion by Judge PIERCE*.

The sole issue in this workers' compensation case is whether, under § 8-40-201(19)(b), C.R.S.1997, the cost of Medicare insurance benefits is included in an injured claimant's average weekly wage once the continuation of the employer's group health insurance plan is terminated. We conclude that it is and, therefore, affirm the decision of the Industrial Claim Appeals...

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