Kelly v. Mile Hi Single Ply, Inc.

We granted certiorari in Kelly v. Mile Hi Single Ply, Inc. and Michael T. James, 873 P.2d 13 (Colo.App.1993) to decide two questions: (1) whether a corporate officer’s election to reject workers’ compensation coverage allows the corporate officer to pursue a tort action against an employee of the corporation, and (2) whether such an election removes the officer from the exclusive remedy provisions of the Workers’ Compensation Act of Colorado (Act). The court of appeals recognized that an election to reject coverage allows an injured employee to sue his or her employer. Kelly, 873 P.2d at 14.…