Legal Opinion
Celebrity Custom Builders v. Industrial Claim Appeals Office
Colorado Court of Appeals
Decided October 12, 1995No. 94CA1937PublishedCited by 9 opinions
1Opinion of the Court
Opinion by
Judge ROTHENBERG.
The sole issue in this appeal is whether, in determining “wages” for purposes of workers’ compensation benefits, the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001, et seq. (1988) preempts § 8-40-201(19), C.R.S. (1994 Cum.Supp.). We hold that there is no preemption and, therefore, affirm the Panel’s order.
The Administrative Law Judge (ALJ) found that claimant, Richard J. Rapp, Jr., suffered an admitted work-related injury in October 1992 and awarded him temporary total benefits of $266.67 per week, based upon an average weekly wage of $400.…
2Cases cited23 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- MGM Supply Co. v. Industrial Claim Appeals Office of the StateColorado Court of Appeals · 2002
- Pepper v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2005
- Hathaway Lighting, Inc. v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2006
- Cruz-Cesario v. Don Carlos Mexican FoodsColorado Court of Appeals · 2005
- Young v. Industrial Claim Appeals OfficeColorado Court of Appeals · 1998
4 more not listed; retrieve them via the Exa API.