Industrial Commission of Colorado v. Ocean Accident & Guarantee Corporation, Ltd.

• Decision Date: 02 June 1919
• Docket Number: 9558.
• Citation: 180 P. 568,67 Colo. 427
• Parties: INDUSTRIAL COMMISSION OF COLORADO et al. v. OCEAN ACCIDENT & GUARANTEE CORPORATION, Limited, et al.
• Court: Colorado Supreme Court

180 P. 568

67 Colo. 427

INDUSTRIAL COMMISSION OF COLORADO et al. v. OCEAN ACCIDENT & GUARANTEE CORPORATION, Limited, et al.

No. 9558.

Supreme Court of Colorado, En Banc.

June 2, 1919

Error to District Court, City and County of Denver; Henry J Hersey, Judge.

Proceeding for compensation under the Workmen's Compensation Act by Leo Hlassar, the employé, against the Union Coal & Coke Company, a corporation, the employer, and the Ocean Accident & Guarantee Corporation, limited, the insurer. Compensation was awarded by the Industrial Commission, which award was reversed by the district court, and the Commission and claimant bring error. Judgment of the district court reversed, with directions to affirm the order of the Commission.

Victor E. Keyes, Atty. Gen., and John S. Fine, Asst. Atty. Gen (Walter E. Schwed, of Denver, of counsel), for plaintiffs in error.

John L Schweigert, of Denver, for plaintiff in error Hlassar.

Charles W. O'Donnell, of Denver, for defendants in error.

DENISON, J.

Sections 53 and 54 of the Workmen's Compensation Act of 1915 (Laws 1915, p. 544) read as follows:

'Sec 53. In case of temporary disability of more than three weeks' duration, the employé shall receive fifty per cent. of his average weekly wages so long as such disability is total, not to exceed a maximum of eight dollars per week and not less than a minimum of five dollars per week, unless the employé's wages shall be less than five dollars per week, in which event he shall receive compensation equal to his average weekly wages.

'Sec. 54. In case of injury resulting in partial disability, the employé shall receive fifty per cent. of the impairment of his earning capacity during the continuance thereof, not to exceed a maximum of eight dollars per week, or a greater sum in the aggregate than two thousand and eighty dollars. * * *'

Leo Hlassar was injured. The respondent insurance company agreed with him to pay him $8 a week during his total disability. They did so to the amount of $728. He then ceased to be totally disabled, but remained under permanent partial disability. The insurance company claimed that the $728 must be deducted from the maxium $2,080. Hlassar claimed that the limited sum, $2,080, was in addition to the $728. The Industrial Commission held with the claimant. The district court reversed the commission, holding that $2,080 was the limit of recovery under both sections.

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