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Disabled Veteran Loses Constitutional Challenge to Statutory Offset

By Sherri Okamoto (Legal Reporter)

Tuesday, May 1, 2012 | 0

A Colorado appellate court rejected a disabled military veteran's equal-protection challenge to his employer's reduction of his permanent total disability benefits based on his old-age Social Security income, but ruled that the employer could not offset the claimant's military retirement payments against his benefits.The case was Zerba v. Dillon Companies et al., No. 11CA1777.Robert Zerba served in the U.S. military for 28 years, retiring from duty in 1989. After leaving the military, Zerba worked for 13 years as a receiving manager for K-Mart until the age of 62, when he began dra...

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