United Airlines v. Industrial Claim Appeals Office of the State of Colorado and Angela Jones, 2013COA48 (March 28, 2013)

“It just so happens that your friend here is only MOSTLY dead. There’s a big difference between mostly dead and all dead.” Miracle Max – The Princess Bride. In the workers’ compensation context, it would be “temporary total disability” (TTD) and “permanent partial disability.” Here, claimant is injured and received TTD benefits in excess of the $75,000 cap under CRS 8-42-107.5. Employer sought to recover the excess. Those efforts were rejected. First, claimant was not overpaid under 8-40-201 because she received only benefits to which she was entitled, and she didn’t get permanent and temporary benefits. And, there is no provision for repayment of excess – the statute intends that employers continue paying benefits until a claimant reaches maximum medical improvement. Finally, the operation of CRS 8-42-105 in conjunction with CRS 8-42-107.5 did not violate equal protection.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA1443-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8889&courtid=1

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Filed under Administrative, Appellate Review Challenged, Workers Compensation

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