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ROCKY MOUNTAIN DAIRY PRODUCTS v. PEASE

No. 21920.

422 P.2d 630 (1966)

ROCKY MOUNTAIN DAIRY PRODUCTS and State Compensation Insurance Fund, Plaintiffs in Error, v. Kenneth L. PEASE, Industrial Commission of Colorado, and Shoenberg Farms, Inc., Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 6, 1967.

Attorney(s) appearing for the Case

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for plaintiffs in error.

Ronald I. Zall, Jon M. Zall, Denver, for defendant in error, Shoenberg Farms, Inc.

Duke W. Dunbar, Atty. Gen., Denver, Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for defendant in error, Industrial Commission.

Clarence W. Button, Denver, for defendant in error, Kenneth L. Pease.

FRANTZ, Justice.

This dispute is occasioned by the decision of the Industrial Commission awarding to the claimant Kenneth L. Pease compensation for an injury sustained while "* * * the claimant was an employee of Rocky Mountain Dairy Products." Rocky Mountain Dairy Products and the State Compensation Insurance Fund (referred to herein as "Insurance Fund") challenge the propriety of the quoted finding, for, they say, no "contract of hire, express or implied" within...

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