Legal Opinion · Dissent

Industrial Commission v. Moynihan

Supreme Court of Colorado

Decided January 22, 1934No. 13,353Published

1DissentJustice Bouck

The majority opinion seems to go beyond all bounds of logic and authority.

The Industrial Commission, in disallowing the claim of the alleged employee here, found on apparently sufficient evidence that, according to the true meaning of our Workmen’s Compensation Act, he was not an employee, but an independent contractor, and that he was not injured by an accident arising out of or in the course of his employment. These findings of fact would, under former decisions of this court too numerous to mention, have been considered binding upon the courts. In spite of this, the district court…

2Cases cited6 opinions

  1. Matter of Bernstein v. . Beth Israel HospitalNew York Court of Appeals · 1923
  2. Greenberg v. Jerome H. Remick & Co.New York Court of Appeals · 1920
  3. Industrial Commission v. AndersonSupreme Court of Colorado · 1917
  4. Claim of Renouf v. New York Central RailroadNew York Court of Appeals · 1930
  5. State Compensation Insurance Fund v. Industrial CommissionSupreme Court of Colorado · 1931

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API