Stanislaw Krol v. CF&I Steel, LP, 2013COA32 (March 14, 2013)

You are either in or out. ‘Cause if you are in, you are immune – workers’ compensation 101. “Statutory employers” (SEs) have immunity from suit for injuries to employees of a contractor (workers). Under CRS-8-41-402, a property owner is an SE if “any work [is] done on and to said property [by a worker].” Here, plaintiff was a worker on defendant CF&I’s property, was injured and sued CF&I. CF&I claimed it was an SE and thus immune. The trial court agreed with CF&I because plaintiff was working “on” CF&I’s property. It also relied on an argument not raised by CF&I, and without giving plaintiff notice. The court of appeals reversed. The plain statutory language uses “and” conjunctively; thus, work must be done both “on” and “to” the property to be an SE. Further, though a trial court may grant judgment for reasons not raised by the movant, it should give notice to the nonmoving party first.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/12CA0226-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8863&courtid=1

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Filed under Personal Injury, Proceedure, Torts

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