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COLORADO FUEL AND IRON CORP. v. INDUSTRIAL COM'N

No. 22454.

424 P.2d 382 (1967)

The COLORADO FUEL AND IRON CORPORATION, Plaintiff in Error, v. The INDUSTRIAL COMMISSION of Colorado, and State Compensation Insurance Fund, and Esther Bensik, Barbara Bensik, a minor, Bruce Bensik, a minor, George E. Bensik, a minor, and Bonnie Bensik, a minor, Defendants in Error.

Supreme Court of Colorado, In Department.

March 6, 1967.

Attorney(s) appearing for the Case

Welbourn, Dufford & Cook and Elmer P. Cogburn, David R. Phipps, Denver, for plaintiff in error.

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

Harold Clark Thompson, Alious Rockett, Francis L. Bury, Denver, for defendant in error, State Compensation Ins. Fund.

Edward J. Scheunemann, Denver, for individual defendants in error.

PRINGLE, Justice.

On January 22, 1965, George Bensik, Jr., an employee of the plaintiff in error, The Colorado Fuel and Iron Corporation, died from asphyxiation caused by a sudden and unexpected lethal dose of carbon monoxide gas while attempting to repair a mechanical difficulty in one of his employer's blast furnaces.

The Industrial Commission awarded benefits under the Workmen's Compensation Act, C.R.S. 1963, 81-1-1, et seq., and the award was affirmed...

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