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Kent D. Nelson Construction Inc. v. Wilkes6/6/1994
Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE ROVIRA would grant as to the following issues:
Whether a working partner who refuses his own workers' compensation has a cause of action as an employee when he meets the statutory definition of an independent contractor.
Whether the statutory test for an independent contractor supersedes the common law test used by the Industrial Claim Appeals Panel.
Whether the statutory proscription in section 8-41-401(3), 3B C.R.S. (1993 Supp.), that independent contractors "shall not have any cause of action of any kind" under the Workers' Compensation Act creates a complete and total affirmative defense applying to both actual and statutory employees.
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