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CITY AND COUNTY OF DENVER v. IND. CLAIM APPEALS OFF.

No. 03CA0804.

98 P.3d 969 (2004)

CITY AND COUNTY OF DENVER, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Hilario Vasquez, Respondents.

Colorado Court of Appeals, Div. III.

August 12, 2004.

Attorney(s) appearing for the Case

Cole Finegan, City Attorney, Olivia L. Hudson Smith, Assistant City Attorney, Denver, Colorado, for Petitioner.

Ken Salazar, Attorney General, Y.E. Scott, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Irwin & Boesen, P.C., Joseph J. Fraser, III, Denver, Colorado, for Respondent Hilario Vasquez.

Opinion by Judge KAPELKE.

The sole issue in this appeal is whether Hilario Vasquez (claimant) is required to repay workers' compensation benefits he received from the City and County of Denver (employer) while he was a resident of a community corrections program. We conclude that § 8-42-113(1), C.R.S.2003, which mandates the suspension of benefits during confinement in a jail, prison, or department of corrections (DOC) facility, does not apply and that claimant...

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