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BRUSH HAY AND MILLING COMPANY v. SMALL

No. 20707.

388 P.2d 85 (1963)

BRUSH HAY AND MILLING COMPANY and Pacific Employers Insurance Company and the Industrial Commission of Colorado, Plaintiffs In Error, v. Wayne W. SMALL, Defendant In Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 20, 1964.

Attorney(s) appearing for the Case

Wormwood, O'Dell & Wolvington, Denver, for plaintiffs in error Brush Hay & Milling Co. and Pacific Employers Ins. Co.

Duke W. Dunbar, Atty. Gen., Peter L. Dye, Asst. Atty. Gen., State of Colorado, for plaintiff in error The Industrial Commission of Colo.

Edgar H. Brandenburg, Brush, for defendant in error.

McWILLIAMS, Justice.

The Industrial Commission denied Wayne W. Small's claim for workmen's compensation benefits on the ground that at the time and place of the accident Small was not an "employee" of Brush Hay & Milling Company, which company will hereinafter be referred to as Brush Hay, and that his status was that of an independent contractor. Upon judicial review of this administrative determination, the trial court...

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