(DOWNLOAD) "Climax Molybdenum Co. V. Walter" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Climax Molybdenum Co. V. Walter
- Author : Colorado Supreme Court
- Release Date : January 17, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The question in this case concerns the proper method for apportioning liability between a workers' compensation insurer and the Subsequent Injury Fund for workers' compensation benefits owed to an employee who is permanently and totally disabled as a result of the combined effects of two industrial injuries and an occupational disease. In an unpublished opinion, Climax Molybdenum Co. v. Walter (No. 89CA1305, Colo. App. June 7, 1990), the court of appeals held that, because the last industrial disability sustained by the worker, Stephen Walter, was caused by the occupational disease of silicosis resulting from an injurious exposure to silicon dust during his employment with Climax Molybdenum Company, the allocation of liability for workers' compensation benefits was controlled by section 8-51-112(1), 3B C.R.S. (1986), which imposes workers' compensation liability upon the last employer in the case of an industrial disability caused by an occupational disease, rather than section 8-51-106(1)(a), 3B C.R.S. (1986), which allocates workers' compensation liability between the employer and the Subsequent Injury Fund when a worker who previously sustained permanent partial industrial disability becomes permanently and totally disabled as a result of a subsequent industrial injury.*fn1 Based on that analysis, the sole responsibility for Walter's permanent total disability was imposed upon the Colorado Compensation Insurance Authority, which was the workers' compensation insurer of Climax Molybdenum Company (hereinafter collectively referred to as Climax). We hold that Climax is liable only for that portion of Walter's permanent total disability attributable to his occupational disease and that the Subsequent Injury Fund is responsible for the remaining portion of Walter's permanent total disability. We accordingly reverse the judgment of the court of appeals.
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