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Silver Engineering Works, Inc. v. Simmons

505 P.2d 966, 180 Colo. 309 (1973)

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Silver Engineering Works, Inc. v. Simmons

Colorado Supreme Court
505 P.2d 966, 180 Colo. 309 (1973)

Facts

Alden D. Whitmer, a Colorado resident, worked for Silver Engineering Works, Inc. (Silver) (defendant). As part of his employment with Silver, Whitmer traveled to Mexico to work in a Mexican sugar plant. While the plant was closed for the Easter weekend, Whitmer and several other Silver employees drove to a remote beach to swim and fish. Whitmer drowned, and his widow, Martha L. Simmons (plaintiff), filed a claim for workers’-compensation death benefits. The Industrial Commission referee denied the claim, and the Industrial Commission reversed the referee’s order and awarded benefits. Silver appealed, and the Colorado Court of Appeals affirmed. Silver appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hodges, J.)

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