Denver Public Schools v. De Avila

Certiorari was granted to review the decision of the Court of Appeals 1 affirming an award of the Industrial Commission. The issue here is whether respondent, Cynthia DeAvila (claimant), was an “employee” of the petitioner, Denver Public Schools (school district), within the terms of that definition as set forth in 1969 Perm. Supp., C.R.S. 1963, 81-2-7(1 )(d). 2 In our view the respondent DeAvila was not an “employee” under the terms of the statute and the award of compensation cannot stand.

The facts are not disputed. The claimant enrolled as a student at Emily Griffith Opportunity School…