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INDUSTRIAL COM'N OF COLO. ST. COMP. INS. F. v. PETERSON

No. 20283.

377 P.2d 542 (1962)

INDUSTRIAL COMMISSION OF COLORADO STATE COMPENSATION INSURANCE FUND and Carl Robinson, Plaintiffs in Error, v. Wanda PETERSON, for herself and as next friend and natural guardian of Darla Rae Peterson, Diana Rene Peterson, Denise Rochelle Peterson and Douglas Rand Peterson, claimants in the matter of the death of Virgil H. Peterson, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied January 21, 1963.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for plaintiff in error Industrial Commission of Colorado.

Harold Clark Thompson, Louis Schiff, Alious Rockett, for appellant. Fred B. Dudley, Francis L. Bury, Denver, for plaintiffs in error State Compensation Ins. Fund and Carl Robinson.

Myrick, Smith & Criswell, Joseph W. Esch, Englewood, for defendants in error.

SUTTON, Justice.

The presumption against suicide is strongly held in the law and the question of what evidence is necessary to overcome it is the crux of this action. In other words, did Virgil H. Peterson, a twenty-four year old filling station attendant, commit suicide or die of carbon monoxide poisoning involuntarily during and at his place of employment on November 6, 1960? Both the referee and the Industrial Commissioner...

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