(DOWNLOAD) "Cox v. Bertsch" by Colorado Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Cox v. Bertsch
- Author : Colorado Court of Appeals
- Release Date : January 25, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
We granted certiorari to review the unpublished opinion of the Colorado Court of Appeals in Ward v. Azotea Contractors, No. 85CA1143 (Colo. App. 1986), a case presenting the issue of 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 moved to reopen his case before the Industrial Commission of Colorado (Commission), 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 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 Commission entered an order affirming the hearing officers decision, and the court of appeals in turn affirmed the order of the Commission.
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