City of Denver v. Bush

Opinion by

Mr. Justice Day.

This writ of error is directed to a judgment of the district court affirming the findings and award of the. *78Industrial Commission in a workmen’s compensation proceeding.

Two questions are presented for determination:(a) Whether the Commission abused its discretion in finding as a fact that incarceration in the state penitentiary at Canon City excused the claimant from filing his notice of claim for compensation within one year as provided by C.R.S. 1963, 81-13-5, and(b) Whether the Commission’s finding that the employer was not prejudiced by the late filing has…