Yeargain v. State

Supreme Court of Colorado

Yeargain v. State

428 P.2d 89, 162 Colo. 447, 1967 Colo. LEXIS 1017

CourtSupreme Court of Colorado

DecidedMay 1, 1967

DocketNo. 22335

StatusPublished

This text of 428 P.2d 89 (Yeargain v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yeargain v. State, 428 P.2d 89, 162 Colo. 447, 1967 Colo. LEXIS 1017 (Colo. 1967).

Pincite

Opinions

Mr. Justice McWilliams

delivered the opinion of the Court.

The issue posed by this writ of error is whether the various statutory provisions found in C.R.S. 1963, 81-12-1 (5) (a) and (b) apply to the situation where a person, who is receiving weekly benefits under workmen’s compensation, is thereafter granted a disability annuity by the Public Employees’ Retirement Association of Colorado.

This issue has been considered by us in Myers v. State of Colorado, 162 Colo. 435, 428 P.2d 83.

In the Myers case we held that the aforementioned statute does apply to such a disability annuity.

The judgment is therefore affirmed.

Mr. Justice Day and Mr. Justice Pringle dissent.

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