Newsom v. Frank M. Hall & Company, 02CA1375 (February 26, 2004): In this case, the court of appeals has turned the principle of statutory employment on its ear. Hall, a general contractor, hired a subcontractor to perform work on a construction project. Plaintiff was a pipeline foreman working for the subcontractor. While working on the project, plaintiff was injured. The subcontractor's workers' compensation carrier paid plaintiff's medical bills. Plaintiff sued Hall and others for damages arising from their negligence. Hall moved for summary judgment, arguing that it was immune because it was plaintiff's statutory employer under the

Workers' Compensation Act. The trial court denied Hall's motion, and a jury found in favor of plaintiff.
  The court of appeals affirmed. The court held that under C.R.S. § 8-41-401(1)(a)(I), a statutory employment relationship does not exist if the subcontractor is an independent contractor as to the general contractor within the meaning of C.R.S. § 8-40-202(2)(b). The court determined that the subcontractor was independent from Hall. The fact that the subcontractor was a company and not a natural person did not preclude the determination that it was an independent contractor. Thus, the court concluded that Hall could not be immune

ICAO v. Longmont Toyota, Inc., 03CA450 (March 8, 2004): The Colorado supreme court has granted certiorari review in a cases involving the interpretation of the statute governing disqualification from temporary disability benefits based upon a claimant's responsibility for termination from employment. In Longmont Toyota, the court will consider the following issue: "Whether the court of appeals erred when it construed § 8-42-105(4) as permanently barring claimants who are responsible for their separation from employment from receipt of temporary disability benefits when their conditions attributable to work-related injuries worsen."