(Download) "In Re Petrafeck" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Petrafeck
- Author : Colorado Supreme Court
- Release Date : January 27, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Kay Petrafeck suffered a serious injury while employed as a waitress at the Albany Hotel. She filed a workmens compensation claim and obtained an award for compensation and medical benefits. The referee did not consider tips in computing her average weekly wages. As a result, she sought review by the Industrial Commission to obtain an award which would take into consideration the tips which she received as a waitress. She contends that tips constituted a part of her average weekly wage. The Industrial Commission affirmed the referees order, relying upon our pronouncement in Industrial Commission v. Lindvay, 94 Colo. 531, 31 P.2d 495 (1934). A petition for review by this court followed because the constitutionality of section 8-47-101(2), C.R.S. 1973, was placed in issue by the claimant. Section 13-4-102(1)(b), C.R.S. 1973. We reverse and remand to the Industrial Commission with directions that an award be made that includes the claimants tips as part of her average weekly wage. We overrule Industrial Commission v. Lindvay, supra, insofar as it is inconsistent with the mandates of this opinion.
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