Kersting v. Industrial Commission
| Decision Date | 05 May 1977 |
| Docket Number | No. 76-734,76-734 |
| Citation | 567 P.2d 394,39 Colo.App. 297 |
| Parties | Thirza E. KERSTING, Petitioner, v. INDUSTRIAL COMMISSION of Colorado and John I. Lay, Director of the Division of Labor, State Compensation Insurance Fund, and D. C. Burns Realty and Trust Company, Respondents. . II |
| Court | Colorado Court of Appeals |
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4 cases
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Leprino Foods v. Ind. Claim Appeals Office, No. 04CA1379.
...defense, it need not be affirmatively pleaded unless a specific issue arises as to its application. Cf. Kersting v. Indus. Comm'n, 39 Colo.App. 297, 567 P.2d 394 (1977)(failure to raise statute of limitations constituted a waiver, because the statute of limitations is an affirmative Accordi......
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Valley Tree Service v. Jimenez, 89CA0542
...applicable to this case. Relying on Johnson v. Denver Tramway Corp., 115 Colo. 214, 171 P.2d 410 (1946) and Kersting v. Industrial Commission, 39 Colo.App. 297, 567 P.2d 394 (1977), the Panel determined that the above statutory provision is in the nature of an affirmative defense which limi......
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In the Matter of Claim of Sykes v. Pinnacol Assurance, W.C. No. 4-617-612 (CO 10/25/2005)
...excuse for not filing the claim within two years. See City of Boulder v. Streeb, 706 P.2d 786 (Colo. 1985); Kersting v. Industrial Commission, 39 Colo. App. 297, 567 P.2d 394 (1977). We must uphold the ALJ's factual determinations concerning whether the parties sustained their respective bu......
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Grant v. Industrial Claim Appeals Office
...time. Claimant had the burden to prove he was exempt from the operation of the statute of limitations. See Kersting v. Industrial Commission, 39 Colo.App. 297, 567 P.2d 394 (1977). This he did not Order affirmed. PIERCE and VAN CISE, JJ., concur. ...