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CITY AND COUNTY OF DENVER (DENVER HY. UNIT) v. BUSH

No. 22305.

441 P.2d 666 (1968)

CITY AND COUNTY OF DENVER (DENVER HIGHWAY UNIT) and State Compensation Insurance Fund, Plaintiffs in Error, v. James A. BUSH, and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

June 10, 1968.

Attorney(s) appearing for the Case

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Richard T. Goold, Denver, for plaintiffs in error City and County of Denver and State Compensation Insurance Fund.

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

John D. Ward, Denver, for defendant in error James A. Bush.

DAY, Justice.

This writ of error is directed to a judgment of the district court affirming the findings and award of the Industrial Commission in a workmen's compensation proceeding.

Two questions are presented for determination:

(a) Whether the Commission abused its discretion in finding as a fact that incarceration in the state penitentiary at Canon City excused the claimant from filing his notice of claim...

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