Jefferson County School District, R-1 v. Goldsmith

Opinion by

Judge ROY.

This is a declaratory judgment action to determine whether personal injury protection (PIP) benefits are payable under the Colorado Auto Accident Reparations Act (No-Fault Act), § 10-4-701, et seq., C.R.S. (1987 Repl.Vol. 4A), to a party injured in an automobile accident who is also eligible for benefits under the Workers’ Compensation Act of Colorado, § 8-40— 101, et seq., C.R.S. (1993 Cum.Supp.). More particularly, we are called upon to construe and apply § 10-4-707(5), C.R.S. (1993 Cum.Supp.) (the Primacy Rule). The claimant, Charlene Goldsmith, appeals from the summary…