STATE COMPENSATION INS. FUND v. WILSON

No. 84SC438.

736 P.2d 33 (1987)

STATE COMPENSATION INSURANCE FUND; Rocky Mountain Framing and Finishing and/or McCreary and Roberts, Petitioners, v. Larry J. WILSON; Director, Division of Labor; and Industrial Commission of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 18, 1987.


Attorney(s) appearing for the Case

Russell A. Stanley, William J. Baum, Denver, for petitioners State Compensation Ins. Fund, Rocky Mountain Framing and Finishing and/or McCreary and Roberts.

Thomas M. Schrant, DeMoulin, Anderson, Campbell and Laugesen, P.C., Denver, for The Workers' Compensation Section of the Colorado Defense Lawyers Association, amicus curiae.

Robert L. Allman, Martinez & Allman, Denver, for respondent Larry J. Wilson.

Kathryn J. Aragon, Asst. Atty. Gen., Human Resources Section, Denver, for respondents Director, Div. of Labor and the Indust. Com'n of Colorado.


DUBOFSKY, Justice.

We granted certiorari to review the court of appeals' decision in Wilson v. Director, Div. of Labor, 701 P.2d 70 (Colo.App.1984), that an insurer is liable for penalties under the Workmen's Compensation Act (the Act), §§ 8-40-101 through 8-54-127, 3B C.R.S. (1986), for failure to admit or deny liability within 25 days of a claimant's injury when the insurer did not have notice of the injury. Although...

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