Monks Excavating & Redi-Mix Cement v. Kopsa

Opinion by

Mr. Justice Day.

We will refer to the plaintiff in error Monks Excavating & Redi-Mix Cement as employer; to the defendant in error Kopsa as claimant, and to the Industrial Commission as the commission.

This writ of error is directed to a judgment of the district court affirming an award of the commission to claimant under the Workmen’s Compensation Act, C.R.S. ’53 81-1-1, et seq.

The facts out of which this claim arose are not in dispute. The claimant was a machine operator for employer. On September 15, 1958, while guiding a pipe being pulled by a dragline, he was knocked to the…