Electron Corp. v. Wuerz

In this consolidated appeal, we consider whether workers compensation death benefits payable to the surviving spouse of a deceased worker can be offset by federal social security "mothers and fathers insurance benefits." The Industrial Claim Appeals Panel affirmed the orders of the Administrative Law Judge (ALJ) prohibiting petitioners, L.E.L. Construction (employer of decedent Donnie L. Goode), Crested Butte South Metropolitan District (employer of decedent James C. Travis), and the Colorado Compensation Insurance Authority (CCIA), from offsetting the workers compensation benefits awarded to decedents surviving spouses, Janet Goode and Bettie Travis (claimants), by the amount of their social security "mothers benefits." Also at issue are the Panels award of benefits from date of death, with interest, to claimant Goode, and its Conclusion that Travis death arose out of and in the course of his employment. We affirm.