(Download) "Smith V. Myron Stratton Home" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Smith V. Myron Stratton Home
- Author : Colorado Supreme Court
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
John Smith filed worker's compensation claims for injuries sustained by him in December 1974, January 1976, and September 1976 in the course of his employment. The Industrial Commission held that Smith was temporarily totally disabled by each of the three injuries, and permanently partially disabled by the third alone. Although it held the employer, Myron Stratton Home, liable for all three injuries, it took note of the fact that Smith had been paid during his absences from work after the first two injuries, and did not order any additional compensation for those injuries. It levied a penalty on the employer for failing o notify Smith and the Division of Labor after each injury whether liability was admitted or contested. The employer disputed the applicability of the penalty to the first two injuries. The Colorado Court of Appeals reversed the Industrial Commission's order because in the court's view Smith was not "successful in his claim for compensation" for the first two injuries, a condition to imposition of a penalty under section 8-53-102(2), C.R.S. 1973. We reverse the judgment of the court of appeals, and reinstate the order of the Industrial Commission.
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