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BYNON v. RAWLEIGH COMPANY

No. 22348.

433 P.2d 333 (1967)

William A. BYNON, Plaintiff in Error, v. The W. T. RAWLEIGH COMPANY, Liberty Mutual Insurance Company, and the Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

November 13, 1967.

Attorney(s) appearing for the Case

George A. Hinshaw, Aurora, for plaintiff in error.

Zarlengo, Mott & Carlin, Denver, for defendants in error W. T. Rawleigh Co. and Liberty Mutual Insurance Co.

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

DAY, Justice.

Plaintiff in error, a claimant for workmen's compensation benefits before the Industrial Commission, filed his claim fourteen months after the date of the accident. This was beyond the allowable statutory period as set forth in C.R.S. 1963, 81-13-5. For him to be able to proceed to an adjudication of his claim it was necessary for the Industrial Commission to find: (a) that there was a reasonable excuse for the late filing; and (b) that no prejudice...

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