Industrial Commission v. Lopez
| Citation | 371 P.2d 269,150 Colo. 87 |
| Decision Date | 30 April 1962 |
| Docket Number | No. 19846,19846 |
| Parties | INDUSTRIAL COMMISSION of Colorado and State Compensation Insurance Fund, Plaintiffs in Error, v. Donato LOPEZ, Harley J. Snyder and Frank J. Dillie, Defendants in Error. |
| Court | Colorado Supreme Court |
Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred B. Dudley, Francis L. Bury, Denver, for plaintiff in error, State Compensation Insurance Fund.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for Industrial Commission of Colo.
Salazar & Delaney, Denver, for defendant in error, Donato Lopez.
This matter involves the same parties and the same transactions with which we were concerned in Snyder v. Industrial Commission, 138 Colo. 523, 335 P.2d 543.
Claimant Lopez was injured in an industrial accident and filed a claim for compensation against Harley J. Snyder. On motion of Snyder, one Frank J. Dillie was made a party respondent in the proceedings before the Industrial Commission. Snyder contended that Dillie was the employer of Lopez. After hearing, the Industrial Commission made an award to Lopez as against Snyder, but dismissed Dillie from the proceeding. The district court affirmed the action of the Commission and Snyder came to this Court on writ of error. We held, in the former opinion, that Snyder and Dillie were engaged in a joint enterprise and reversed the action of the Commission and the trial court in dismissing Dillie and directed remand of the case to the Commission for further proceedings.
Following remand, the Commission held a further hearing in the matter and determined that the joint enterprise itself had less than four employees and that therefore neither Snyder nor Dillie were employers under the Act. The proceedings were accordingly dismissed against both Snyder and Dillie. Lopez then filed his complaint in the district court, objecting to this determination by the Commission.
The court entered judgment reversing the order of dismissal and remanded the matter to the Commission with directions to enter an award in favor of the claimant against Snyder and Dillie and Dillie's insurance carrier, the State Compensation Fund. The Industrial Commission and the Compensation Fund are here by writ of error to review the judgment.
Snyder was a cement contractor and Lopez was one of his employees. Snyder carried no Workmen's Compensation insurance and had no license to build sidewalks in Denver. Dillie was also a cement contractor and had a city license to construct sidewalks. Dillie carried Workmen's Compensation insurance with the State Compensation Fund.
Snyder obtained a contract to build a sidewalk for a realty company in Denver and then agreed with Dillie that they would do the work together using Dillie's license. Each party was to furnish employees and after all the bills were paid, to divide the profits, if any. On the day on which Lopez was injured he was working on the job which was the subject of the joint venture and was carrying out a task which he was ordered to do by Dillie.
Snyder and Dillie were an 'association of persons.' They were engaged...
To continue reading
Request your trial
-
Rhodes v. Sunshine Min. Co.
...653 (Okl.1959); Insurance Company of North America v. Dept. of Industry, 45 Wis.2d 361, 173 N.W.2d 192 (1970); Industrial Commission v. Lopez, 150 Colo. 87, 371 P.2d 269 (1962), and each enjoys the protection of the exclusive remedy provisions, Felder v. Old Falls Sanitation Co., Inc., 47 A......
-
Clawson v. General Ins. Co. of America
...are liable to the injured workmen. In support of this contention, appellants cite the following cases: Industrial Commission of Colorado v. Lopez, 150 Colo. 87, 371 P.2d 269 (1962); W. B. Johnson Grain Co. v. Self, 344 P.2d 653 (Okl.1959); Baker v. Billingsley, 126 Ind. 703, 132 N.E.2d 273 ......
-
Hamman v. United States
...for some purposes. See Clawson v. General Insurance Company of America, 1966, 90 Idaho, 424, 412 P.2d 597; Industrial Commission v. Lopez, 1962, 150 Colo. 87, 371 P.2d 269.8 In Cook v. Peter Kiewit Sons Company, 15 Utah 2d 20, 386 P.2d 616, the court held that the plaintiff workman was not ......
-
Cook v. Peter Kiewit Sons Co.
...Snyder v. Industrial Comm. of Colo., 138 Colo. 523, 335 P.2d 543, and supplemental case on same controversy, Industrial Comm. of Colo., et al. v. Lopez, et al., Colo., 371 P.2d 269, in which the Colorado Court, in dealing with this point, said at page 270: 'Snyder and Dillie were an 'associ......