Pioneer Construction Company v. Davis

Opinion by

Mr. Justice Day.

We will refer to the plaintiffs in error as “Pioneer” and “Fund” and to the defendants in error as “Claimant” and “Commission.”

Pioneer and Fund bring error to a judgment of the district court affirming an award of the Commission in favor of the claimant who, as the widow of one M. Davis, sought death benefits under the compensation act. The facts are not in dispute, and the error assigned is that the Commission misapplied the statute dealing with “constructive employment.” C.R.S. ’53, 81-9-1. Thus the sole question involved is whether the undisputed facts bring the…