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eBook details

• Title: Home Insurance Co. v. Taylor
• Author : Colorado Supreme Court
• Release Date : January 05, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

THIS is a Workmens Compensation case, in which Joseph A. Kelly, while in the course of his employment October 10, 1928, was injured by the runaway of a team of horses, the injuries consisting of a skull fracture and minor bruises. The accident occurred at Pagosa Springs, Colorado. Since this review is directed to the sufficiency in form of a final award dated February 25, 1936, it is unnecessary to detail the history of the claim up to that point, other than to say that Kelly brought suit for malpractice against his own physician who first treated him; that thereafter he employed numerous lawyers and physicians, undergoing physical examinations by the latter, as well as by physicians selected by his employer and its insurance carrier. Neither the assignments of error nor the final award require a review of the evidence for a determination of the question as to whether such evidence is sufficient to support the award, and this discussion will be confined to the question of the sufficiency of its form, the substance of the errors assigned being to the effect that the award as made contains no specific findings or reasons constituting a proper basis for its rendition. Plaintiffs in error petitioned the commission for a rehearing in apt time after the entry of the award. Then followed the usual course of review by the district court which affirmed the award of the commission, and this writ of error is prosecuted to reverse the judgment entered thereon.

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