1. WORKMEN'S COMPENSATION — Weekly Benefits — Disability — Annuity — Applicability — Statute. Reviewing court is of the view that C.R.S. 1963, 81-12-1(5)(a) and (b), providing for reduction of weekly workmen's compensation benefits when periodic disability benefits are payable to employee under provisions of pension plan financed in whole or in part by employer, is applicable to person who is receiving weekly benefits under workmen's compensation and is thereafter granted disability annuity by public employees' retirement association.
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.
MR. JUSTICE McWILLIAMS delivered the opinion of the Court.
The judgment is therefore affirmed.
MR. JUSTICE DAY and MR. JUSTICE PRINGLE dissent.