Culver v. Ace Electric

We accepted two certiorari issues 1 and consolidated three cases to address the challenged constitutionality and proper application of the offset provision of section 8-42-103(l)(c)(II) and (IV), 3 C.R.S. (1998), of the Colorado Workers’ Compensation Act (Act). This provision reduces, but not below zero, the periodic permanent total disability payments otherwise payable to an injured worker who has reached the age of sixty-five and to whom, or to whose dependents, social security or employer-paid retirement benefits are also payable. The offset amount cannot exceed one-half of the workers’…