City & County of Denver v. Industrial Claim Appeals Office

Opinion by

Judge KAPELKE.

The sole issue in this appeal is whether Hilario Vasquez (claimant) is required to repay workers' compensation benefits he received from the City and County of Denver (employer) while he was a resident of a community corrections program. We conclude that § 8-42-113(1), C.R.S.2003, which mandates the suspension of benefits during confinement in a jail, prison, or department of corrections (DOC) facility, does not apply and that claimant therefore is not required to repay the benefits. Accordingly, we affirm the final order of the Industrial Claim Appeals Office (Panel).

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