Metro Glass & Glazing, Inc. v. Orona

Opinion by

Judge NEY.

At issue in this workers’ compensation ease is whether death benefits payable to a dependent spouse under § 8-42-116(1), C.R.S. (1993 Cum.Supp.) are subject to an offset for social security disability (SSDI) insurance benefits. The Industrial Claim Appeals Panel ruled that the death benefits cannot be offset by SSDI benefits which terminated upon the decedent’s death. We agree and, therefore, affirm.

The pertinent facts are not in dispute. The decedent, Nate Orona, suffered a com-pensable injury in June 1987, which left him permanently and totally disabled. Because the…