Opinion
No. 22336.
Decided May 1, 1967.
From a judgment holding that certain provisions of Workmen's Compensation Act providing for reduction of disability indemnity are applicable to situation involving particular disability annuity, error was brought.
Affirmed.
1. WORKMEN'S COMPENSATION — Reduction — Disability Indemnity — Disability Annuity — Statute. Reviewing court is of the view that C.R.S. 81-12-1(5)(a) and (b), providing for reduction of disability indemnity under workmen's compensation by amount of periodic disability benefits payable to employee under an employer's pension plan, does apply to situation where a person who is receiving weekly benefits under workmen's compensation is thereafter granted a disability annuity by the Public Employees' Retirement Association of Colorado.
Error to the District Court of the City and County of Denver, Honorable Edward J. Byrne, Judge.
Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy, Peter L. Dye, Assistant, for plaintiff in error Industrial Commission of Colorado.
Harold Clark Thompson, Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., for defendants in error State of Colorado — Game and Fish Department, and State Compensation Insurance Fund.
The issue posed by this writ of error is whether the various statutory provisions found in C.R.S. 1963, 81-12-1(5)(a) and (b) apply to the situation where a person, who is receiving weekly benefits under workmen's compensation, is thereafter granted a disability annuity by the Public Employees' Retirement Association of Colorado.
This issue has been considered by us in Myers v. State of Colorado, 162 Colo. 435, 428 P.2d 83.
In the Myers case we held that the aforementioned statute does apply to such a disability annuity.
The judgment is affirmed.
MR. JUSTICE DAY and MR. JUSTICE PRINGLE dissent.