State Compensation Insurance Fund v. Wilson

DUBOFSKY, Justice.

We granted certiorari to review the court of appeals’ decision in Wilson v. Director, Div. of Labor, 701 P.2d 70 (Colo.App.1984), that an insurer is liable for penalties under the Workmen’s Compensation Act (the Act), §§ 8-40-101 through 8-54-127, 3B C.R.S. (1986), for failure to admit or deny liability within 25 days of a claimant’s injury when the insurer did not have notice of the injury. Although knowledge by an employer of the occurrence of an injury is deemed under the Act to be knowledge by the insurer, section 8-53-102 of the Act exempts an insurer who does not have…