[DOWNLOAD] "Royal Indemnity Co. v. Industrial Commission" by Colorado Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Royal Indemnity Co. v. Industrial Commission
• Author : Colorado Supreme Court
• Release Date : January 11, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Plaintiffs in error contend that claimants employment was casual and not in the usual course of the business of the alleged employer, as a result of which, under section 288 (b), chapter 97, 35 C.S.A., he was not an employee within the purview of the act. So far as pertinent that section defines the term "employee," as: "Every person in the service of any person * * * under any contract of hire, express or implied, * * * but not including any persons * * * whose employment is but casual and not in the usual course of trade, business, profession, or occupation of his employer." Plaintiffs in error concede that thereunder, as is established by Comerford v. Carr, 86 Colo. 590, 284 Pac. 337, Lackey v. Industrial Commission, 80 Colo. 112, 249 Pac. 662, and Hoshiko v. Industrial Commission, 83 Colo. 556, 226 Pac. 1114, the casualness of an employment alone is not sufficient to exclude the employee from the operation of the Workmens Compensation Act, and that, even where the employment is casual, if at the time of the accident the employee was engaged in the usual course of the employers business, he still is an employee within the terms of the act; therefore, whether the employment was or was not casual, decisive of the controversy, is the resolution of the question of whether the claimant, while occupied in the work above described, was employed in the usual course of the business of the Morey company.

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