Poole v. Industrial Com'n of Colo., 13343.

• Decision Date: 08 January 1934
• Docket Number: 13343.
• Parties: POOLE v. INDUSTRIAL COMMISSION OF COLORADO et al.
• Court: Colorado Supreme Court

28 P.2d 809

94 Colo. 163

POOLE v. INDUSTRIAL COMMISSION OF COLORADO et al.

No. 13343.

Supreme Court of Colorado

January 8, 1934

In Department.

Error to District Court, Pueblo County; John H. Voorhees, Judge.

Proceeding under the Workmen's Compensation Act by J. R. Poole employee, opposed by the Southern Colorado Power Company employer, and the Fidelity & Casualty Company, insurance carrier. To review a judgment of the district court affirming the award made by the Industrial Commission of Colorado, the employee brings error.

Affirmed.

S.D. Brosius, of Pueblo, for plaintiff in error.

Paul P Prosser, Atty. Gen., and M. S. Ginsberg, Asst. Atty. Gen for defendant in error Industrial Commission.

Fred W. Varney, of Denver, for defendants in error Fidelity & Casualty Co. and Southern Colorado Power Co.

BURKE Justice.

This is a workmen's compensation case. Plaintiff in error is hereinafter referred to as Poole, the Industrial Commission of Colorado as the commission, the Fidelity & Casualty Company as the insurance company, and the Southern Colorado Power Company as the power company.

Poole was employed by the power company as a lineman. He was injured September 22, 1930, in an accident arising out of and in the course of that employment. The commission's final award was temporary total disability ending June 23, 1931, and 80 per cent. permanent loss of the right leg measured at the knee. Claiming total permanent disability, errors in rulings on evidence, and errors of procedure, he sought and obtained a review of the case in the district court. There the award was affirmed, and to review that judgment he prosecutes this writ.

Four days after the accident the insurance company admitted liability. Hearings were held Before a referee March 24, and May 11, 1931, and findings entered. These were set aside on motion and further hearings were held June 11, and December 8, of the same year, and the referee found temporary disability to June 23, 1931, and permanent disability of 20 per cent. loss of the use of the right leg at the knee. One day too late Poole moved for a review. Being apprised of his default, he then asked that the commission order a review, on its own motion, to determine mistake, error, or change in condition. This the commission did and held another hearing March 1, 1932. On April 5, following, it entered its supplemental award, as above recited, raising the total disability to 80 per cent. This it affirmed about one month later.

Herein Poole first complained because the commission failed to make specific findings. This...