Opinion
No. 74-059
Decided September 17, 1974. Rehearing denied October 8, 1974. Certiorari granted November 25, 1974.
Industrial Commission awarded workmen's compensation benefits to a nursing student in public school system, and school system sought review.
Affirmed
1. WORKERS' COMPENSATION — Nursing Student — Procured Position — At Hospital — Part of Training — Evidence Supports Finding — Employee — School System. Where workmen's compensation claimant was a nursing student and was receiving training under a job training program sponsored by public school system, and as part of such program, procured a position with hospital for the purpose of training and learning the occupation of licensed practical nurse, and where a substantial working relationship did exist between the school system's nursing program and the hospital, substantial evidence supports the findings of the Industrial Commission that, pursuant to the terms of the statute, the claimant was an employee of the school system.
Review of Order from the Industrial Commission of the State of Colorado
William J. Baum, Francis L. Bury, Robert S. Ferguson, for petitioners, Denver Public Schools and Division of State Compensation Insurance Fund.
John P. Moore, Attorney General, John E. Bush, Deputy Attorney General, Peter L. Dye, Assistant Attorney General, for respondent, Industrial Commission of Colorado.
This is an appeal from a final order of the Industrial Commission of Colorado awarding workmen's compensation benefits to a nursing student in the Denver Public Schools. We affirm.
The claimant was enrolled as a student at the Emily Griffith Opportunity School, part of the Denver Public Schools system. She was pursuing a course of study to qualify her as a licensed practical nurse. Classes were held in one of the buildings at Denver General Hospital. In addition to the classroom instruction, claimant engaged in a work training program at the hospital. Her teachers were hired from the staff of Denver General. While on the premises of the hospital, between class sessions, claimant was descending a stairway when she caught her heel and fell. She sustained back and head injuries. She filed a workmen's compensation claim, and, following a hearing, the referee found her to be an employee of the Denver Public Schools and awarded her compensation benefits. The findings were adopted and the order was affirmed by the Industrial Commission, and the employer seeks review.
The basic issue is whether claimant was an employee of the Denver Public Schools at the time she was injured. This issue turns on the proper interpretation of, and application of facts to, 1969 Perm. Supp., C.R.S. 1963 81-2-7(1)(d). The pertinent portion of the state states that "employee" includes:
" . . . any person who may at any time be receiving training under any work or job training or rehabilitation program sponsored by any department, board, commission, or institution of the state of Colorado or of any county, city and county, . . . school district, or private or parochial school or college, and who, as part of any such work or job training . . . is placed with any employer for the purpose of training or learning trades or occupations shall be deemed while so engaged to be an employee of the respective department, board, commission, or institution . . . sponsoring such training or rehabilitation program."
The Commission concluded that the claimant was an employee as defined in this state, at the time she was injured. The employer urges that since there was no formal contractual program between the opportunity school and the hospital, the Commission's interpretation of the statute was erroneous. We disagree.
In Krause v. Trustees of Hamline University, 243 Minn. 416, 68 N.W.2d 124, the Minnesota Supreme Court interpreted a similar statute to afford coverage to a student in a nursing school who contracted a disease in the course of her training while performing services for a hospital. In discussing the employer-employee relationship under those circumstances, the court stated that:
"It was understood between the employee and the university that a portion of the employee's studies would involve practical training . . . . While the direct benefits of the employee's services were received by the hospital affiliates, it is obvious that the benefits, at least indirectly, ran to the enrolling institution, since the arrangement was an integral and necessary part of the training program without which the school of nursing could not profitably exist."
A substantial working relationship did exist between the employer's nursing program and Denver General. She was receiving training under a job training program sponsored by the employer, and as part of such program, procured a position with the hospital for the purpose of training and learning the occupation of licensed practical nurse. The practical training was an integral part of the schooling. Staff members of the hospital taught the students. No employment screening was performed on the students by the hospital staff members as would be the case in a normal hiring situation. The services she performed at the hospital in the nature of nursing were related to her training at the school. Since the Commission's findings were based on substantial evidence, they are binding on use. See Morrison Road Bar, Inc. v. Industrial Commission, 138 Colo. 16, 328 P.2d 1076.
The cases, such as State Compensation Insurance Fund v. Industrial Commission, 135 Colo. 570, 314 P.2d 288, and University of Denver v. Nemeth, 127 Colo. 385, 257 P.2d 423, cited in the employer's brief, were decided prior to the adoption of the quoted statute and are not germane.
We have considered the other points asserted as error and we find them to be without merit.
Order affirmed.
JUDGE PIERCE and JUDGE BERMAN concur.