(428 P.2d 89)
No. 22335.Supreme Court of Colorado.
Decided May 1, 1967.
From adverse judgment holding that certain provisions of Workmen’s Compensation Act are applicable to particular situation involving disability annuity, claimant brings error.
Affirmed.
1. WORKMEN’S COMPENSATION — Weekly Benefits — Disability — Annuity — Applicability — Statute. Reviewing court is of the view that C.R.S. 1963, 81-12-1(5)(a) and (b), providing for reduction of weekly workmen’s compensation benefits when periodic disability benefits are payable to employee under provisions of pension plan financed in whole or in part by employer, is applicable to person who is receiving weekly benefits under workmen’s compensation and is thereafter granted disability annuity by public employees’ retirement association.
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, Employer, and State Compensation Insurance Fund, Insurer.
En Banc.
Page 448
MR. JUSTICE McWILLIAMS delivered the opinion of the Court.
[1] 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 therefore affirmed.
MR. JUSTICE DAY and MR. JUSTICE PRINGLE dissent.
MR. JUSTICE DAY dissents:
I dissent in this case for the reasons which I have set out in my dissenting opinion in Myers v. State of Colorado, 162 Colo. 435, 428 P.2d 83.
Page 449