Legal Opinion

England v. Amerigas Propane and Indemnity Insurance Company of North America

Supreme Court of Colorado

Decided May 30, 2017No. Supreme Court Case 16SC444PublishedCited by 1 opinion

1Opinion of the Court

■ CHIEF JUSTICE RICE

delivered the Opinion of the Court.

¶1 This case requires us to determine whether a provision of the mandatory form settlement document promulgated by the Director of the Division of Workers’ Compensation (“Director”) waives an injured employee’s statutory right under section 8-43-204(1), C.R.S.- (2016), to reopen a' settlement based bn a mutual mistake of material fact. 1 We hold that it does not because provisions of the form document must yield to statutory rights. Accordingly, we reverse the judgment of the court of appeals and remand for further proceedings consistent…

2Cases cited12 opinions

  1. Ad Two, Inc. v. City & County of DenverSupreme Court of Colorado · 2000
  2. Padilla v. Industrial Com'n of ColoradoSupreme Court of Colorado · 1985
  3. Whiteside v. SmithSupreme Court of Colorado · 2003
  4. Williams v. KunauSupreme Court of Colorado · 2006
  5. RELIANCE FINANCE CORPORATION and Romer, O’Connor & Co., Inc., Appellants, v. Clyde E. MILLER and Arline A. Miller, AppelleesCourt of Appeals for the Ninth Circuit · 1977

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3Cited by1 opinion

  1. Mandell v. University of ColoradoDistrict Court, D. Colorado · 2022

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