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SILSBY v. TOPS DRIVE IN RESTAURANT-DUTTON ENT., INC.

No. 22173.

418 P.2d 525 (1966)

Arley Vernon SILSBY, Plaintiff in Error, v. TOPS DRIVE IN RESTAURANT-DUTTON ENTERPRISES, INC., State Compensation Insurance Fund, and the Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

October 3, 1966.

Attorney(s) appearing for the Case

William J. Madden, Denver, for plaintiff in error.

Fred B. Dudley, Richard G. Fisher, Jr., Francis L. Bury, Denver, for defendants in error, Tops Drive In Restaurant-Dutton Enterprises, Inc. and State Compensation Insurance Fund.

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

MOORE, Justice.

This is a Workmen's Compensation case in which the plaintiff in error, hereinafter referred to as the claimant, seeks reversal of the district court judgment which affirmed the action of the Industrial Commission in dismissing the claim.

The accident in which claimant was involved occurred on September 26, 1962. The claim for benefits under the Workmen's Compensation Act was not filed until March 20, 1964. C.R.S.1963, 81-13-5 (2) reads as follows...

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