Jabot v. Industrial Com'n, 13458.
| Decision Date | 05 March 1934 |
| Docket Number | 13458. |
| Citation | 30 P.2d 871,94 Colo. 424 |
| Parties | JABOT v. INDUSTRIAL COMMISSION et al. |
| Court | Colorado Supreme Court |
In Department.
Error to District Court, City and County of Denver; Robert W Steele, Judge.
Proceeding under the Workmen's Compensation Act by Theophile Jabot opposed by the Shamrock Coal Company, employer, and the Employers' Mutual Insurance Company, insurer. The district court affirmed the decision of the Industrial Commission disallowing the claim, and claimant brings error.
Affirmed.
Fred S Caldwell, of Denver, for plaintiff in error.
Paul P Prosser, Atty. Gen., and M. S. Ginsberg, Asst. Atty. Gen., for defendant in error Industrial Commission.
Frank C. West, of Denver, for defendants in error Shamrock Coal Co. and Employers' Mut. Ins. Co.
This is a summary review of a claim under the Workmen's Compensation Act of Colorado (). The claim was disallowed, except as to medical expenses which were awarded in accordance with the employer's medical plan adopted with the approval of the Industrial Commission. The claimant took the case to the district court, which affirmed the decision of the commission.
The commission, through its referee, took evidence and found that the accident in question occurred on November 8, 1932; that the claimant did not leave work until February 6, 1933; that temporary total disability terminated June 1, 1933; that there was no permanent disability; that the notice prescribed by section 31 of the act (C. L. 1921, § 4405) was not given to the employer until some weeks after he left his work; and that the claimant must be penalized one day's compensation for each day's failure to report his accident, as a result of which penalty the claimant was entitled to no compensation beyond that for medical expenses. An award was made accordingly.
The aforesaid penalizing section is as follows: ...
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United States Fidelity & Guaranty Co. v. Industrial Com'n of Colo.
... ... 341, 30 P.2d 253; Boulder Valley Coal Co. v. Shipka, ... 94 Colo. 394, 30 P.2d 852; Jabot v. Industrial ... Commission, 94 Colo. 424, 30 P.2d 871; Card Iron ... Works Co. v. Radovich, 94 ... ...
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Smith v. Myron Stratton Home
...a similar penalty provision against an employee who failed to give timely notice of his injury to his employer. Jabot v. Industrial Commission, 94 Colo. 424, 30 P.2d 871 (1934). In an analogous situation, the original Court of Appeals of Colorado held that a plaintiff who recovered $1200 fo......
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