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SEARS DISTRIBUTION CENTER v. INDUSTRIAL CLAIM APPEALS OFFICE OF STATE

No. 04CA0277.

104 P.3d 313 (2004)

SEARS DISTRIBUTION CENTER and Liberty Mutual Fire Insurance Company, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO and Pete Ramos, Respondents.

Colorado Court of Appeals, Division I.

October 21, 2004.

Attorney(s) appearing for the Case

Law Office of Jonathan S. Robbins, David G. Kroll, Denver, Colorado, for Petitioners.

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

Law Office of O'Toole & Sbarbaro, P.C., John A. Sbarbaro, Denver, Colorado, for Respondent Pete Ramos.

MARQUEZ, J.

In this workers' compensation proceeding, Sears Distribution Center and its insurer, Liberty Mutual Insurance Company (collectively employer), seek review of the final order of the Industrial Claim Appeals Office (Panel) holding that § 8-41-301(2)(b), C.R.S.2004, does not require a claimant's award of mental impairment benefits to be reduced by his award of temporary disability benefits. We affirm.

In October 1999, Pete Ramos (claimant) sustained...

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