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MELODY HOMES, INC. v. LAY

No. 79CA0193.

610 P.2d 1081 (1980)

MELODY HOMES, INC., and State Compensation Insurance Fund, Petitioners, v. Richard Lawrence LAY, Henderson Security Police, and Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Division II.

Rehearing Denied March 6, 1980.

Certiorari Denied May 5, 1980.

Attorney(s) appearing for the Case

Robert S. Ferguson, William J. Baum, James A. May, Denver, for petitioners.

Ginsberg & Ginsberg, Sheldon Ginsberg, Denver, for respondent Richard Lawrence Lay.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Molly Sommerville, Asst. Atty. Gen., Denver, for respondent Industrial Commission of Colorado.

STERNBERG, Judge.

The sole issue in this review is whether an employee of a security service, who is injured while patrolling a construction site which the security service has been hired to guard, is a statutory employee of the general contractor. We agree with the Industrial Commission that the guard is a statutory employee of the general contractor-builder.

There is no dispute as to the facts: Melody Homes, Inc., hired the entity known as Henderson Security...

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