[Download] "Industrial Claim Appeals Office V. Romero" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Industrial Claim Appeals Office V. Romero
- Author : Colorado Supreme Court
- Release Date : January 11, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
We granted certiorari in Jennie Romero v. Industrial Claim Appeals Office, 902 P.2d 896 (Colo. App. 1995), and Dora Romero v. Industrial Claim Appeals Office, No. 94CE0038 (Colo. App. Mar. 2, 1995), to determine whether section 8-42-111(5), 3B C.R.S. (1994 Supp.), which provides that permanent total disability benefits paid to workers' compensation claimants terminate when the claimant reaches the age of sixty-five, violates equal protection provisions of the federal and state constitutions. In both cases, the court of appeals held that section 8-42-111(5) is unconstitutional because it denies workers' compensation benefits to persons age sixty-five and older who are permanently and totally disabled while allowing all other persons who sustain work-related injuries to retain workers' compensation benefits. We consolidate these two cases for the purposes of this opinion, and affirm the court of appeals' decision that the classification in section 8-42-111(5) is not rationally related to any legitimate governmental purpose and thus violates equal protection provisions of the state and federal constitutions.