City & County of Denver v. Industrial Commission

I disagree with the majority’s ruling that the payments made to claimant during the year after her accident were “disability benefits,” and therefore, I dissent.

I do not agree with the majority’s conclusion that the issue of whether the payments made to the claimant were “wages” or “disability benefits” is a question of law. Here, there was conflicting evidence as to whether the payments were wages or disability benefits. Thus, the issue was one of fact. See Rahder v. Industrial Commission, 105 Colo. 594, 100 P.2d 1043 (1940).

The referee made a factual determination based on the evidence that…