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PEOPLES v. INDUS. CLAIM APPEALS OFFICE

Court of Appeals No. 18CA2088.

457 P.3d 143 (2019)

2019 COA 158

Carold PEOPLES, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and State of Colorado Department of Transportation, Respondents.

Colorado Court of Appeals, Div. III.

Announced October 17, 2019.

Attorney(s) appearing for the Case

Irwin Fraley, PLLC, Roger Fraley, Jr. , Centennial, Colorado, for Petitioner.

No Appearance for Respondent Industrial Claim Appeals Office.

Ritsema & Lyon, P.C., Nancy C. Hummel , David R. Bennett , Denver, Colorado, for Respondent State of Colorado Department of Transportation.

¶1 In a workers' compensation case, after an employer files a final admission of liability (FAL) and learns of an overpayment, the Workers' Compensation Act of Colorado (Act), section 8-42-113.5(1)(b.5)(I), C.R.S. 2019, requires the employer to "attempt to recover" that overpayment from a claimant within one year of...

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