Billings v. Micciche, s. 83CA1297

Decision Date09 August 1984
Docket Number83CA1315,Nos. 83CA1297,s. 83CA1297
Citation691 P.2d 1155
PartiesDavid BILLINGS, Petitioner and Cross-Respondent, v. Joe MICCICHE, Respondent and Cross-Petitioner, and The Industrial Commission of The State of Colorado, Respondent and Cross-Respondent. . I
CourtColorado Court of Appeals

James A. May, Denver, for petitioner and cross-respondent.

Dennis H. Gunther, Denver, for respondent and cross-petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Mary Karen Maldonado, Asst. Atty. Gen., Denver, for respondent and cross-respondent.

ENOCH, Chief Judge.

In this workmen's compensation case, David Billings, seeks review of the Industrial Commission's order holding that Joe Micciche was not personally liable to Billings. Micciche cross-petitions. We affirm in part and reverse in part.

Billings, a welder, was employed by Mountain States Welding and Sheet Metal, Inc., in December 1979. He sustained an injury arising out of and in the course of his employment with this company in August 1980. The company was uninsured because its workmen's compensation insurance policy had been cancelled effective July 15, 1980, for non-payment of premium. The company had also been suspended as a corporation by the Secretary of State on October 27, 1979, for failure to pay fees and file an annual report. See § 7-10-109, C.R.S. (1983 Cum.Supp.). However, the company continued its operation and was doing business as a corporation on the date of the injury.

The Commission's order affirmed a referee's decision as to compensability, temporary disability, medical costs, bond deposits, and as to the finding that Micciche was an individual principal of the incorporated business at the time of the injury. However, the order vacated the referee's decision which had held that the suspended corporation was nothing more than a partnership and that, therefore, the individual "partners," including Micciche, were jointly and severally liable to Billings.

In his cross-petition, Micciche contends that the Commission erred in finding that he was a principal active in the corporation. We disagree.

Although there is conflicting evidence on the issue, there is substantial evidence to support the Commission's finding that Micciche was a corporate officer and a shareholder. Therefore this holding will not be overturned on review. Page v. Clark, 197 Colo. 306, 592 P.2d 792 (1979).

Billings agrees with the Commission's conclusion as to Micciche's legal status in the corporation, but contends that the Commission erred in holding that individual shareholders and officers of a suspended corporation are not individually liable as a matter of law for obligations of the suspended corporation. We agree.

Section 7-10-109(2), C.R.S. (1982 Cum.Supp.) states that "any domestic corporation which is...

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2 cases
  • Micciche v. Billings
    • United States
    • Colorado Supreme Court
    • November 3, 1986
    ...Industrial Commission. QUINN, Chief Justice. We granted certiorari to review the decision of the court of appeals in Billings v. Micciche, 691 P.2d 1155 (Colo.App.1984), concerning the effect of section 7-3-104, 3 C.R.S. (1973), of the Colorado Corporation Code 1 on the personal liability o......
  • Straub v. Mountain Trails Resort, Inc.
    • United States
    • Colorado Court of Appeals
    • November 21, 1988
    ...shareholders of the corporation, and were authorized to act on the corporation's behalf. See § 7-3-104, C.R.S.; cf. Billings v. Micciche, 691 P.2d 1155 (Colo.App.1984). Moreover, plaintiffs, as third parties, were given notice that defendants had authority to act on behalf of an identified ......

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