Kloss v. E & H EARTHMOVERS

YETKA, Justice.

This case raises the question of how the federal social security disability offset against workers’ compensation benefits should be apportioned between two separate employers/insurers, both of whom are making workers’ compensation payments to an employee injured twice — once while working for each employer — and, as a result, is permanently and totally disabled. The workers’ compensation judge decided that the first employer/insurer is entitled to a deduction of two-thirds of the employee’s social security payment because the first employer had been determined to be two-thirds…