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SIMPSON v. INDUSTRIAL CLAIM APPEALS OFFICE

No. 07CA1581.

219 P.3d 354 (2009)

Richard SIMPSON, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; Benchmark/Elite, Inc., and Colorado Insurance Guaranty Association, Respondents.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing June 25, 2009.

Attorney(s) appearing for the Case

Chris Forsyth Law Office, LLC, Chris Forsyth, Denver, Colorado, for Petitioner.

John W. Suthers, Attorney General, Katie A. Allison, Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office of the State of Colorado.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, Thomas L. Kanan, Jr., Denver, Colorado, Lee & Kinder, LLC, Jeffrey M. Erickson, Denver, Colorado, for Respondents Benchmark/Elite, Inc., and Colorado Insurance Guaranty Association.

Opinion by Judge CASEBOLT.

In this workers' compensation proceeding, claimant, Richard Simpson, seeks review of the final order of the Industrial Claim Appeals Office (Panel), affirming the order of the administrative law judge (ALJ), finding that employer, Benchmark/Elite, Inc., and its current insurer, Colorado Insurance Guaranty Association (CIGA), had overpaid benefits to claimant and were entitled to credit for the overpayment. We affirm in part, set aside in...

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