(DOWNLOAD) "Morrison v. Clayton Coal Co." by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Morrison v. Clayton Coal Co.
- Author : Colorado Supreme Court
- Release Date : January 02, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
[4, 5] Had the legislature so intended it could easily have declared that no such review should have a retroactive effect, or that no such review should affect a prior award as to any period for which payment had been made. But the statute contains no such provision. The right of review is plenary except "as to moneys already paid." The act is remedial. Its purpose is to provide adequate compensation for those injured, and it must be liberally construed to that end. It contains no restriction as to finding change of time of disability, or extent of disability, from that originally found, but only the limitation that it shall not affect "moneys already paid." The prior award determined that the moneys already paid were the property of the claimant. The one way in which those particular moneys could be affected by the review would be by the finding that those moneys were not the property of the claimant, but must be returned to the insurer. Such we believe is a plain and just interpretation of the statute, and our construction of the statute seems to have been uniformly to this effect.
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