(Download) "Marinez V. Industrial Commission" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Marinez V. Industrial Commission
- Author : Colorado Supreme Court
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
We granted certiorari to review the unpublished opinion of the Colorado Court of Appeals in Marinez v. Industrial Commission, No. 85CA1534 (Colo. App. 1986), in order to determine whether our decision in Engelbrecht v. Hartford Accident & Indemnity Co., 680 P.2d 231 (Colo. 1984), is to be given retroactive effect. In Engelbrecht, we held that cost-of-living increases in federal social security disability benefits are not "periodic disability benefits" within the meaning of section 8-51-101(1)(c), 3B C.R.S. (1986), and therefore do not trigger deductions from state workers' compensation disability benefits. Subsequent to our decision in Engelbrecht, the petitioner applied for a hearing before the Department of Labor and Employment (Department), asserting that Engelbrecht should be applied retroactively to his case and that it entitled him to reimbursement for moneys previously deducted from his workers' compensation disability benefits based on cost-of-living increases in his federal social security disability benefits. The hearing officer ruled that Engelbrecht is to be applied prospectively only -- that is, only to benefits payable after the date of that decision. The Industrial Commission of Colorado (Commission) entered an order affirming the hearing officer's decision, and the court of appeals in turn affirmed the order of the Commission.
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