Legal Opinion

Fireplace Equipment v. Petruska

Colorado Court of Appeals

Decided July 19, 1990No. 89CA0403PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

Judge REED.

Petitioners, Fireplace Equipment and State Compensation Insurance Authority, seek review of the determination by the Industrial Claim Appeals Office (Panel) that depreciation of claimant’s truck, as shown on his income tax return, was a proper reduction of claimant’s earnings for purposes of calculating worker’s compensation benefits. We set aside the order.

In January 1986, the claimant, Emrick E. Petruska, sustained an admitted work-related injury while employed by Fireplace Equipment. Six months after the accident, he became self-employed as the driver of a truck…

2Cases cited4 opinions

  1. Filippone v. Industrial CommissionColorado Court of Appeals · 1978
  2. Florida Timber Products v. WilliamsDistrict Court of Appeal of Florida · 1984
  3. Winters v. Industrial Com'n of State of Colo.Colorado Court of Appeals · 1987
  4. Broussard v. Zim's Alignment Service, Inc.Louisiana Court of Appeal · 1986

3Cited by5 opinions

  1. Tozer v. Scott Wetzel Services, Inc.Colorado Court of Appeals · 1994
  2. Elliott v. El Paso CountySupreme Court of Colorado · 1993
  3. City Market, Inc. v. Industrial Claim Appeals OfficeColorado Court of Appeals · 1991
  4. Elliott v. El Paso CountySupreme Court of Colorado · 1993
  5. Elliott v. El Paso CountySupreme Court of Colorado · 1993

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