W.C. No. 4-318-185Industrial Claim Appeals Office.
May 21, 1998
FINAL ORDER
The claimant seeks review of a final order of Administrative Law Judge Gandy (ALJ), which permitted the respondents to claim an offset based on the claimant’s receipt of Social Security retirement benefits. We affirm.
The claimant was already receiving Social Security retirement benefits at the time of her 1996 injury. The claimant was rendered permanently and totally disabled by the injury. Under these circumstances, the ALJ concluded the respondents are entitled to reduce the permanent total disability benefits on account of the claimant’s Social Security retirement benefits pursuant to § 8-42-103(1)(c)(II)(A), C.R.S. 1997.
On appeal, the claimant argues the ALJ’s application of the offset statute was improper under the facts. Further, the claimant argues that the statute denies equal protection of the laws.
The claimant concedes that the Court of Appeals has decided these issues adversely to her position. See Stollworthy v. Clark, 952 P.2d 1198 (Colo.App. 1997), cert. granted February 23, 1998 Culver v. Ace Electric, 952 P.2d 1200 (Colo.App. 1997), cert. granted February 23, 1998. We, like the ALJ, are bound by published decisions of the Court of Appeals. C.A.R. 35(f). In any event, we lack jurisdiction to determine the constitutionality of a statute. Kinterknecht v. Industrial Commission, 175 Colo. 60, 485 P.2d 721 (1971).
IT IS THEREFORE ORDERED that the ALJ’s order dated February 24, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL __________________________________ David Cain __________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate theOrder is commenced in the Colorado Court of Appeals, 2 East 14thAvenue, Denver, Colorado 80203, by filing a petition to reviewwith the court, with service of a copy of the petition upon theIndustrial Claim Appeals Office and all other parties, withintwenty (20) days after the date the Order was mailed, pursuant to§§ 8-43-301(10) and 307, C.R.S. 1997.
Copies of this decision were mailed May 21, 1998 to the following parties:
Frances L. Johnston, 1409 Village Ave., Loveland, CO 80538
Group Publishing Inc., P.O. Box 686, Loveland, CO 80539-0686
Bill Wynn, Liberty Mutual Fire Ins., P.O. Box 3539, Englewood, CO 80155-3539
David G. Kroll, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For the Respondents)
W.M. Busch, Jr., Esq., 903 N. Cleveland Ave., Ste. A., Loveland, CO 80537 (For the Claimant)
By: _________________________