Subsequent Injury Fund v. Black Mountain Spruce, Inc.

LOHR, Justice.

We granted certiorari to review the Colorado Court of Appeals’ decision in Black Mountain Spruce, Inc. v. Johnson, 670 P.2d 1241 (Colo.App.1983), dismissing an appeal by the Subsequent Injury Fund (SIF). We conclude that the court of appeals correctly held that the SIF is not a legal entity with the capacity to sue and be sued. Under the circumstances of this case, however, we hold that dismissal is not the appropriate remedy. Therefore, we reverse the judgment of dismissal and remand for further proceedings.

Katie Jo Johnson filed a claim for death benefits under the workers’…