Allan v. Gadbois

• Decision Date: 08 March 1937
• Docket Number: 14098.
• Citation: 100 Colo. 141,66 P.2d 331
• Parties: ALLAN et al. v. GADBOIS et al.
• Court: Colorado Supreme Court

66 P.2d 331

100 Colo. 141

ALLAN et al. v. GADBOIS et al.

No. 14098.

Supreme Court of Colorado

March 8, 1937

Rehearing Denied March 29, 1937.

In Department.

Error to District Court, City and County of Denver; Frank McDonough, Sr., Judge.

Proceeding under the Workmen's Compensation Act by Albert Gadbois employee, opposed by David Allan, employer, and the Employers Mutual Insurance Company, insurer. To review a judgment of the district court affirming an award of the Industrial Commission of Colorado, the employer and insurer bring error.

Judgment reversed and cause remanded with directions.

Frank C. West, of Denver, for plaintiffs in error.

O. A Johnson, of Boulder, J. H. Richard, of Denver, and Byron G Rogers, Atty. Gen., and Louis Schiff, Asst. Atty. Gen., for defendants in error.

HOLLAND Justice.

This is a workmen's compensation case, and we refer to plaintiffs in error as plaintiffs, and the defendants in error as claimant and the commission, respectively.

Claimant suffered a conceded compensable injury March 5, 1932, serious in nature, consisting of multiple fractures of the pelvis and accompanying injuries in that region. Claim was made for compensation, liability was admitted, and on evidence presented Before a referee of the commission on two hearings, an award was entered June 1, 1933, based on the finding that temporary total disability ended January 1, 1933, and permanent disability of 5 per cent. as a working unit existed. This award was accepted and the compensation awarded thereon paid in full. On claimant's petition for review, filed August 13, 1934, further proceedings were ordered, resulting in four hearings, the last on November 2, 1934, following which the commission, December 5, 1934, found that claimant had failed to show error, mistake, or change of condition; that his disability was no greater than originally found, and award was entered accordingly. This award was made final December 14, 1934, after petition for review was denied. Nearly a year later, November 18, 1935, on claimant's petition, the commission ordered a further hearing to determine if there was error, mistake, or change in condition. Three hearings followed, and May 13, 1936, the commission again entered a supplemental award, finding claimant had not established any change in condition, error, or mistake.

Thus the commission had, for four years, consistently concluded that claimant had failed to establish any error, mistake, or change in condition; however, on his petition for rehearing, filed June 11, 1936, and without a hearing or evidence, the commission, August 14, 1936, entered an award, parts of which are as follows:

'The Commission now finds from the evidence that on prior reviews, it improperly weighed the evidence herein and that its order of May 13th, 1936 was in error and should be vacated, set aside and held for naught.

'The Commission now finds that as a result of said injury, claimant is disabled by reason of a psycho neurosis together with genito-urinary complications to the extent of 40% as a

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