[DOWNLOAD] "Higgs V. Western Landscaping & Sprinkler Systems Inc." by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Higgs V. Western Landscaping & Sprinkler Systems Inc.
- Author : Colorado Supreme Court
- Release Date : January 14, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The question in this case is whether section 8-47-101(2), 3B C.R.S. (1988 Supp.), which was in effect during the proceedings below and which established a different wage basis for computing the workers' compensation benefits for "farm and ranch labor employees," violates equal protection of the laws. In Higgs v. Western Landscaping & Sprinkler Systems, Inc., 789 P.2d 431 (Colo. App. 1989), the court of appeals, in a split decision, concluded that the statute passes constitutional scrutiny because the disparate treatment of farm and ranch employees bears a reasonable relationship to the legitimate state interest in providing assistance to the agricultural industry. We hold that the classification created by the statute cannot be squared with the rational-basis standard of review applicable to equal protection claims under the United States and Colorado Constitutions. U.S. Const. amend. XIV; Colo. Const. art. II, § 25. We accordingly reverse the judgment of the court of appeals and remand the case to that court with directions to return the case to the Industrial Claim Appeals Panel for further proceedings.