Home v. Smith

I concur with that part of the majority decision which affirms the awarding of compensation on the third injury and dissent from that part which sets aside the order awarding penalties to the claimant on his first two injuries.

The Industrial Commission properly found that the employer’s payment of temporary total disability benefits for the first two injuries was tantamount to claimant being successful in a claim for compensation, thereby justifying imposition of a penalty. See Stauss v. Industrial Commission, 144 Colo. 288, 355 P.2d 1076 (1960); § 8-53-102(2), C.R.S.1973 (1981 Cum.Supp.). It…