Given the task definition and input, reply with output. In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

cannot be waived); 2 Moore's, supra, 8.07[3] (noting that affirmative defenses are, waivable); see also Denver & Rio Grande W.R. Co. v. Blackett, 538 F.2d 291, 294 (10th Cir.1976) ("[T]he application of affirmative defenses offer[s] no jurisdictional question.")- While it is true, as Sanborn points out, that Colorado courts have barred civil suits against employers when workers' compensation was available, in none of these cases did the parties dispute the existence of the state law bar, as they have done in the current case. See, e.g., Kandt v. Evans, 645 P.2d 1300, 1305-06 (Colo.1982) (affirming grant of summary judgment because plaintiff had already received workers' compensation benefits and the fact that plaintiff was ac gomery LC, Inc., 942 P.2d 1230, 1234 (Colo.Ct.App.1996) (<HOLDING>); cf. Massie v. Godfather's Pizza, Inc., 844
Holding statements: (A) holding that the issue of foreseeability should be submitted to the jury where reasonable persons might differ (B) holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable (C) holding that factual issues essential to determining whether state law bar applied should be submitted to a jury (D) holding that the disputed issue with respect to the state law bar was properly submitted to the jury (E) holding that state court with jurisdiction over 301 claim should have applied federal labor law rather than state contract law
(C)