Nye v. Industrial Claim Appeals Office

Opinion by

Judge HUME.

James W. Nye seeks review of a final order of the' Industrial Claim Appeals Panel allowing the employer, City of Fort Collins, and the Subsequent Injury Fund (respondents) to offset the claimant’s workers’ compensation benefits by amounts paid to him under the City’s pension plan. We affirm the order.

The essential facts are undisputed. The Administrative Law Judge (ALJ) found that claimant was permanently and totally disabled as a result of an industrial injury which occurred on October 5, 1989, and was consequently entitled to permanent total disability benefits. At the…