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JORGENSEN v. COLORADO COMP. INS. AUTH.

No. 97CA0210.

967 P.2d 172 (1998)

James T. JORGENSEN and Doreen H. Jorgensen, Plaintiffs-Appellants, v. COLORADO COMPENSATION INSURANCE AUTHORITY, Intervenor-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 19, 1998.

Certiorari Granted November 23, 1998.

Attorney(s) appearing for the Case

Dwyer, Huddleson & Ray, P.C., Stephen J. Jouard, Fort Collins, for Plaintiffs-Appellants.

Hale, Pratt, Midgley, Laitos, Green and Hackstaff, P.C., Charles M. Pratt, Denver, for Intervenor-Appellee.

Opinion by Judge NEY.

The sole issue in this appeal is whether a trial court may apportion settlement proceeds paid by a third-party tortfeasor among a workers' compensation claimant, the claimant's spouse, and the employer's insurer. We conclude that it may and, therefore, reverse the trial court order determining, without a hearing, that the Colorado Compensation Insurance Authority (CCIA) is entitled to offset any future obligation it may have for workers' compensation...

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