Anaya v. Industrial Commission

The respondent Noffsinger is a farmer, and one of his crops is potatoes. In addition to potato cellars located on his farm, he has leased a cellar located on other property which he uses when his own cellars are full. After his potatoes have been dug, they are brought to a cellar, sorted and stored, awaiting sale. Only his potatoes reach these cellars. The petitioner (claimant) was employed by Noffsinger to sort potatoes and, while doing so, was injured. The Industrial Commission denied the claimant any award by reason of the statute, C.R.S. 1963, 81-2-6(4), which exempts “employers of . . .…