Legal Opinion

National Fruit Product v. Crespin

Colorado Court of Appeals

Decided September 18, 1997No. 97CA0150PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Judge ROY.

In this workers’ compensation case, the sole issue on appeal is whether permanent partial disability (PPD) benefits may be offset against permanent total disability (PTD) benefits awarded upon a reopening of the claim. National Fruit Product and Liberty Mutual Insurance Company (collectively insurer) contend that they are entitled to an offset against future payment of PTD benefits of previously paid PPD benefits on the basis that both are paid for a loss of future earning capacity and it would be inequitable to permit claimant to retain both. ■ We disagree and affirm. '

The…

2Cases cited3 opinions

  1. Kehm v. Continental GrainColorado Court of Appeals · 1987
  2. Waymire v. INDUS. CLAIM APPEALS OFFICE OF STATEColorado Court of Appeals · 1996
  3. Powers v. Wm. Van Genderen Co.Supreme Court of Colorado · 1963

3Cited by3 opinions

  1. United Airlines, Inc. v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 2000
  2. Bowland v. Industrial Claim Appeals OfficeColorado Court of Appeals · 1999
  3. Simpson v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2009

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