KALMON v. INDUSTRIAL COMMISSION

Nos. 77-684, 77-701.

583 P.2d 946 (1978)

Gene KALMON and State Compensation Insurance Fund, Petitioners, v. INDUSTRIAL COMMISSION of Colorado and Richard P. Evans, Respondents. Richard P. EVANS, Petitioner, v. INDUSTRIAL COMMISSION of Colorado, Gene Kalmon and State Compensation Insurance Fund, Respondents.

Colorado Court of Appeals, Div. II.

August 10, 1978.


Attorney(s) appearing for the Case

William J. Baum, Francis L. Bury, Robert S. Ferguson, Denver, for petitioners Gene Kalmon and State Compensation Ins. Fund.

Criswell & Patterson, John A. Criswell, Englewood, for petitioner Richard P. Evans.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Louis L. Kelley, Asst. Atty. Gen., Denver, for respondent Industrial Commission.


STERNBERG, Judge.

The Industrial Commission found the claimant, Richard P. Evans, to be a constructive employee of Gene Kalmon, and awarded temporary total disability and medical benefits. Both Kalmon and Evans seek review. We affirm the order.

In March of 1975, Woods hired Kalmon, a contractor, to repair a building Woods owned in Aspen. Woods created a construction fund of $284,000 from which Kalmon's estimated costs of $173,000 were to be paid. By the terms...

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