INDUSTRIAL COMMISSION v. WORKMAN

No. 22796.

437 P.2d 795 (1968)

INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund, Emory Earle and June G. Earle, Plaintiffs in Error, v. Donald Charles WORKMAN, Defendant in Error.

Supreme Court of Colorado, In Department.

February 5, 1968.


Attorney(s) appearing for the Case

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

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for plaintiffs in error, State Compensation Insurance Fund, Emory Earle and June G. Earle.

Strang, Campbell & Cashen, Montrose, for defendant in error.


MOORE, Chief Justice.

This is a Workmen's Compensation case in which the claim for benefits provided by law was filed approximately three weeks after the expiration of one year from the date of the industrial accident which allegedly resulted in disability.

The sole question presented to this court is whether the Industrial Commission abused its discretion in dismissing the claim for failure to file it within the statutory period of one year as required by...

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