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COOPER v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 03CA2330.

109 P.3d 1056 (2005)

Sylvia COOPER, personal representative of the Estate of Maxine Cooper, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Safeway, Inc., Respondents.

Colorado Court of Appeals, Division V.

February 24, 2005.

Attorney(s) appearing for the Case

Law Offices of O'Toole & Sbarbaro, P.C., Neil D. O'Toole, Denver, Colorado, for Petitioner.

John W. Suthers, Attorney General, Eric S. Rothaus, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Thomas Pollart & Miller, LLC, Douglas A. Thomas, Greenwood Village, Colorado, for Respondent Safeway, Inc.

DAILEY, J.

In this workers' compensation proceeding, Sylvia Cooper, in her capacity as personal representative for the Estate of Maxine Cooper (Estate), seeks review of the final order of the Industrial Claim Appeals Office (Panel) denying permanent partial disability (PPD) benefits and granting the request of Safeway, Inc. (respondent) for reimbursement of an overpayment. We affirm in part and set aside in part.

Maxine Cooper (decedent) sustained an admitted...

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