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GARDNER MOTOR COMPANY v. FEISTEL

No. 21612.

414 P.2d 915 (1966)

GARDNER MOTOR COMPANY and State Compensation Insurance Fund, Plaintiffs in Error, v. Joseph E. FEISTEL and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

May 31, 1966.

Attorney(s) appearing for the Case

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., State of Colorado, for Industrial Commission of Colorado.

McWILLIAMS, Justice.

This is a workmen's compensation case and primarily concerns what is commonly referred to as the "statutory" or "constructive" employer statute. See C.R.S.1963, 81-9-1.

Joseph Feistel, a long-haul transport driver, was seriously injured in an automobile accident which occurred in Ohio. As an outgrowth of this accident, Feistel filed with the Industrial Commission a claim against the Gardner Motor Company, a Colorado corporation with offices...

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