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HERTZ CORP. v. IND. CLAIM APPEALS OFFICE

No. 11CA2339.

296 P.3d 338 (2012)

2012 COA 155

HERTZ CORPORATION and Reliance Insurance Company/Colorado Insurance Guaranty Exchange, through Western Guaranty Fund Services, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Robert G. Rodriguez, Respondents.

Colorado Court of Appeals, Div. V.

September 13, 2012.

Attorney(s) appearing for the Case

Ritsema & Lyon, P.C., Thomas L. Kanan , Denver, Colorado; McCrea & Buck, LLC, Bruce B. McCrea , James B. Buck , Denver, Colorado, for Petitioners.

John W. Suthers , Attorney General, Alice Q. Hosley , Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Horowitz & Burnett, P.C., Robert M. Horowitz , Denver Colorado; Clisham, Satriana & Biscan, LLC, Patricia Clisham , Denver, Colorado, for Respondent Robert G. Rodriguez.

Opinion by Judge MILLER.

¶ 1 In this workers' compensation proceeding, the Colorado Insurance Guaranty Association (CIGA) appeals from the final order issued by the Industrial Claim Appeals Office (Panel), which disallowed it from taking a credit or offset against interest earned on the multiple third-party recoveries obtained by claimant, Robert G. Rodriguez. The interest included both the investment income generated by several lump-sum settlements and the interest...

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