[Download] "Kelly V. Mile Hi Single Ply Inc." by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Kelly V. Mile Hi Single Ply Inc.
- Author : Colorado Supreme Court
- Release Date : January 06, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We granted certiorari in Kelly v. Mile Hi Single Ply, Inc. and Michael T. James, 873 P.2d 13 (Colo. App. 1993) to decide two questions: (1) whether a corporate officer's election to reject workers' compensation coverage allows the corporate officer to pursue a tort action against an employee of the corporation, and (2) whether such an election removes the officer from the exclusive remedy provisions of the Workers' Compensation Act of Colorado (Act). The court of appeals recognized that an election to reject coverage allows an injured employee to sue his or her employer. Kelly, 873 P.2d at 14. It further held that the right to sue is limited to the employer, explaining that the rejecting officer has no right to sue a covered co-employee whose remedies remain governed by the Act's exclusivity provisions. Id. Finally, it determined that the stipulation signed by the parties to attain final judgment precluded any action against the employer. Id. at 15. We affirm the judgment of the court of appeals.
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