Legal Opinion

Sneath v. Express Messenger

Colorado Court of Appeals

Decided August 18, 1994No. 93CA1250PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Judge CRISWELL.

Craig A. Sneath, claimant, seeks review of an order of the Industrial Claim Appeals Panel which determined that his average weekly wage was properly calculated on only fifty percent of his commission salary. We set aside the order.

Claimant, a deliveryman for Express Messenger (Express), suffered disabling injuries in an automobile collision. It is undisputed that his injuries arose out of and in the course of his employment.

Claimant was paid on a commission basis of 45% of the proceeds derived from all deliveries that he made. He testified that he went to work for…

2Cases cited4 opinions

  1. Music City, Inc. v. Estate of DuncanSupreme Court of Colorado · 1974
  2. Filippone v. Industrial CommissionColorado Court of Appeals · 1978
  3. Arthur Shelley Trucking & Insurance Co. of North America v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1988
  4. Elliott v. El Paso CountySupreme Court of Colorado · 1993

3Cited by3 opinions

  1. Sneath v. Express Messenger ServiceColorado Court of Appeals · 1996
  2. Ernie Baylog, Inc. v. Industrial Claim Appeals Office of ColoradoColorado Court of Appeals · 1996
  3. Young v. Industrial Claim Appeals OfficeColorado Court of Appeals · 1998

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