INDUSTRIAL COMMISSION v. NYE

No. 24176.

468 P.2d 28 (1970)

INDUSTRIAL COMMISSION of Colorado, City of Fort Collins, Colorado and State Compensation Insurance Fund, Plaintiffs in Error, v. James William NYE, Defendant in Error.

Supreme Court of Colorado, In Department.

April 13, 1970.


Attorney(s) appearing for the Case

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

Fred B. Dudley, Denver, for plaintiffs in error City of Fort Collins, Colorado and State Compensation Insurance Fund.

Kenneth H. Gross, Fort Collins, for defendant in error.


HODGES, Justice.

This is a workmen's compensation case. James William Nye, the claimant, filed his claim for compensation with the Industrial Commission more than two years after an industrial accident, but within two years of the time he first learned of the nature and extent of his injury. The Commission ruled that it was without jurisdiction because the claim was barred by C.R.S. 1963, 81-13-5(2).

The claimant sought reversal of the Commission's action...

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