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SAFEWAY v. INDUS. CLAIM APPEALS OFFICE

No. 97CA2192.

968 P.2d 162 (1998)

SAFEWAY, INC., Petitioner, v. THE INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO; Director of the Division of Labor and Employment on behalf of The Subsequent Injury Fund; and Bruce Ryan, Respondents.

Colorado Court of Appeals, Div. III.

October 29, 1998.

Attorney(s) appearing for the Case

Cairns, Dworkin & Chambers, P.C., Gregory K. Chambers, Denver, Colorado, for Petitioner.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Gregg E. Carson, Assistant Attorney General, Denver, Colorado, for Respondent Director of the Division of Labor and Employment on behalf of The Subsequent Injury Fund.

No Appearance for Respondents The Industrial Claim Appeals Office of the State of Colorado and Bruce Ryan.

Opinion by Judge DAVIDSON.

In this workers' compensation proceeding, Safeway, Inc., a self-insured employer, seeks review of the final order of the Industrial Claim Appeals Office (Panel) upholding the denial of its request to offset liability to the Subsequent Injury Fund (SIF). We affirm.

Bruce Ryan (claimant) sustained compensable injuries in 1990 and 1992. Based upon the first injury, employer filed a request for offset to the SIF on August 2, 1994, pursuant...

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