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U.S. WEST COMMUNICATIONS, INC. v. ICAO

No. 98CA1197.

978 P.2d 154 (1999)

U.S. WEST COMMUNICATIONS, INC., Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, James E. Harper and Subsequent Injury Fund, Respondents.

Colorado Court of Appeals, Div. A.

Rehearing Denied April 22, 1999.

Attorney(s) appearing for the Case

McCrea Keck & Buck, LLC, Margaret Keck, Denver, Colorado, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Crane and Tejada, P.C., Bethiah B. Crane, Durango, Colorado, for Respondent James E. Harper.

No Appearance for Respondent Subsequent Injury Fund.

Opinion by Chief Judge HUME.

In this workers' compensation case, the issue raised by U.S. West Communications, Inc., (employer) is whether the 50% offset for Social Security Disability Insurance (SSDI) benefits should be taken against temporary total disability (TTD) and permanent partial disability (PPD) in their aggregate amount or whether the offset may be taken against each benefit separately. The Industrial Claim Appeals Office (Panel) held that the SSDI offset...

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