Leonard O. CULVER, Petitioner,
v.
ACE ELECTRIC; Colorado Compensation Insurance Authority; the Industrial Claim Appeals Office of the State of Colorado; and Subsequent Injury Fund, Respondents.
Raymond Stolworthy, Petitioner,
v.
John Clark, d/b/a Clark Construction; Colorado Compensation Insurance Authority; Subsequent Injury Fund; and Industrial Claim Appeals Office of the State of Colorado, Respondents.
Robert Duddy, Petitioner,
v.
ADT Security Systems, Inc.; Liberty Mutual Fire Insurance Company; the Subsequent Injury Fund; and the Industrial Claim Appeals Office, Respondents.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
January 19, 1999.
January 19, 1999.
Attorney(s) appearing for the Case
Dawes and Harriss, P.C., Gail C. Harriss, Durango, Colorado, Attorney for Petitioner in Nos. 97SC891 and 97SC892.
Michael J. Steiner, Denver, Colorado, Attorney for Respondent, Ace Electric and John Clark d/b/a Clark Construction.
Curt Kriksciun, Michael J. Steiner, Denver, Colorado, Attorneys for Respondent, Colorado Compensation Insurance Authority in Nos. 97SC891 and 97SC892.
Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Garth C. Lucero, Deputy Attorney General, Hollyce H. Farrell, Assistant Attorney General, Denver, CO, Attorneys for Respondent, Subsequent Injury Fund
Wilcox & Ogden, P.C., Ralph Ogden, Denver, Colorado, Attorney for Petitioner in No. 97SC767.
Law Offices of Jonathan S. Robbins, Jeanne M. Labuda, Denver, Colorado, Attorneys for Respondents, ADT Security Systems, Inc. & Liberty Mutual Insurance Co.
Weinberger & Kanan, P.C., Thomas L. Kanan, Denver, CO, Attorney for Amicus Curiae Colorado Defense Lawyers.
Supreme Court of Colorado, En Banc.
Justice HOBBS delivered the Opinion of the Court.
We accepted two certiorari issues1 and consolidated three cases to address the challenged constitutionality and proper application of the offset provision of section 8-42-103(1)(c)(II) and (IV), 3 C.R.S. (1998), of the Colorado Workers' Compensation Act (Act). This provision reduces, but not below zero, the periodic permanent total disability payments otherwise payable to an injured worker...
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