JOHNSON v. ICAO

No. 97CA0413.

973 P.2d 624 (1997)

Walter L. JOHNSON, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Colorado Department of Social Services, Colorado Compensation Insurance Authority, and Subsequent Injury Fund, Respondents.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing July 16, 1998.

Certiorari Denied March 29, 1999.


Attorney(s) appearing for the Case

DiGiacomo & Jaggers, LLP, David R. DiGiacomo, Gerald H. Jaggers, Douglas J. Perko, Arvada, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Michael J. Steiner, for Respondents Colorado Department of Social Services and Colorado Compensation Insurance Authority.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Michael P. Serruto, First Assistant Attorney General, Denver, for Respondent Subsequent Injury Fund.


Opinion by Judge METZGER.

Walter L. Johnson (claimant) seeks review of the final order of the Industrial Claim Appeals Office (Panel), which determined that the Administrative Law Judge (ALJ) properly offset his permanent total disability benefits by 59.7% of the disability retirement benefits he receives from the Public Employees' Retirement Association (PERA). We affirm.

Claimant was awarded permanent total disability benefits as a result of a 1989 industrial...

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