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MORALES v. INDUSTRIAL COMMISSION

No. 77-954.

584 P.2d 1229 (1978)

Apolonio MORALES, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Colorado, Sanchez Ochoa and/or A. B. Hefley, Employer, Non-Insured, Respondents.

Colorado Court of Appeals, Division 3.

Rehearing Denied July 20, 1978.

Certiorari Granted September 25, 1978.

Attorney(s) appearing for the Case

Johnson, McLachlan & DiCola, Anthony J. DiCola, Larry Stutler, Lamar, for petitioner.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Timothy R. Arnold, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado.

Schmidt & Schmidt, Howard M. Schmidt, Springfield, for respondent A. B. Hefley.

SILVERSTEIN, Chief Judge.

Petitioner, Apolonio Morales, seeks review of a final order of the Industrial Commission denying his claim for workmen's compensation benefits against the respondent, A. B. Hefley. The commission determined that pursuant to § 8-41-105(2), C.R. S.1973, Hefley, as an employer of farm and ranch labor, was exempt from the provisions of the Colorado Workmen's Compensation Act. We set aside the order.

The relevant facts are undisputed...

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