City and County of Denver v. Dore

I respectfully dissent.

Dore’s position as a bank guard undoubtedly came' about because he was a policeman, but his compensation for serving as a bank guard came from the bank. His *372duties as a bank guard were to guard the bank. While he was serving in that capacity and while guarding the bank, he was injured, and his injuries came about from his employment by the bank. The bank, not the City, was the employer.

In determining liability for injuries sustained by an employee in the course of his employment, the principal test is who had the power to control and direct the employee in the…