HERRIOTT v. STEVENSON

No. 24492.

473 P.2d 720 (1970)

Ronald Gene HERRIOTT, Plaintiff in Error, v. Robert L. STEVENSON, a/k/a Roy L. Steenson, d/b/a Conco Construction, Denver Commercial Builders, State Compensation Insurance Fund, and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

August 17, 1970.


Attorney(s) appearing for the Case

Brenman, Ciancio, Rossman, Baum & Sobol, Arthur L. Fine, Denver, for plaintiff in error.

Harry H. Haddock, Denver, for defendant in error, Robert L. Stevenson, a/k/a Roy L. Stevenson, d/b/a Conco Construction.

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for defendants in error, Denver Commercial Builders and State Compensation Ins. Fund.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for Industrial Commission of Colo.


PRINGLE, Justice.

This case involves an interpretation of the fifty per cent penalty provision of C.R.S. 1963, 81-5-7 of the Workmen's Compensation Act of Colorado. Herriott, hereinafter referred to as the claimant, was injured while engaged in his work for Stevenson, hereinafter referred to as the subcontractor or by name. Stevenson did not carry workmen's compensation insurance though required to do so by the Colorado act. However, Stevenson was working at the time...

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